Forum Shopping In International Adjudication
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Forum Shopping In International Adjudication
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Author : Luiz Eduardo Salles
language : en
Publisher:
Release Date : 2014-05-28
Forum Shopping In International Adjudication written by Luiz Eduardo Salles and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-28 with Commercial courts categories.
How can procedural objections be used to address the emerging phenomenon of forum shopping before international tribunals?
Forum Shopping In International Adjudication
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Author : Luiz Eduardo Salles
language : en
Publisher:
Release Date : 2014-05-10
Forum Shopping In International Adjudication written by Luiz Eduardo Salles and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-10 with Commercial courts categories.
How can procedural objections be used to address the emerging phenomenon of forum shopping before international tribunals?
Preliminary Objections In International Adjudication
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Author : Luiz Eduardo Ribeiro Salles
language : en
Publisher:
Release Date : 2011
Preliminary Objections In International Adjudication written by Luiz Eduardo Ribeiro Salles and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
Forum Shopping In The European Judicial Area
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Author : Pascal de Vareilles-Sommières
language : en
Publisher: Bloomsbury Publishing
Release Date : 2007-12-18
Forum Shopping In The European Judicial Area written by Pascal de Vareilles-Sommières and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-12-18 with Law categories.
One of the issues left untouched by the Brussels Convention of 27 September 1968 (and by the Brussels-1 Regulation replacing it) concerns the leeway left to domestic courts when applying European rules on international jurisdiction in civil and commercial matters. For instance, is the court under a duty of strict compliance with the jurisdiction rule as it is drafted? Would such a duty go so far as to require the court to abide by the jurisdiction rule, even though it is being used by one of the litigants to achieve an unfair result, for example to delay adjudication on the merits? Under what conditions may the Court decline jurisdiction on account of any unsuitable forum shopping, thus ruling out the European provision on jurisdiction? Recent litigation in the ECJ has yielded rather, even excessively, restrictive answers, ruling out any discretion by domestic courts to remedy any inconvenience arising from the strict application of the European provisions, if such discretion were provided for by the lex fori (the Gasser case, the Turner case, and the Owusu case). This series of rulings from the ECJ raises several questions. Most observers have questioned the appropriateness of prescribing a blind application of European rules on jurisdiction by domestic courts, relying on the legal traditions of EC Member States usually providing for corrective mechanisms - such as 'forum non conveniens' in English Law and 'exception de fraude' in French Law - in cases when a party abusively triggers the jurisdiction of a court in order to obtain an unjust advantage, thus practising unacceptable forum shopping. The time has now come for an analysis, under both Community and comparative law, of the ramifications of the recent Gasser/Turner/Owusu cases. Readers will find in this book a collection of studies by some of the leading English and French experts today, analysing the ins and outs of jurisdiction and forum shopping in Europe.
Forum Shopping And Venue In Transnational Litigation
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Author : Andrew S. Bell
language : en
Publisher: Oxford Private International L
Release Date : 2003
Forum Shopping And Venue In Transnational Litigation written by Andrew S. Bell and has been published by Oxford Private International L this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
The rules by which a venue is selected and settled upon for the resolution of any given transnational dispute have fostered a complex, fascinating and burgeoning body of law of great commercial significance. As courts and legislatures seek to fashion sophisticated yet practicaljurisdictional responses to this issue, practitioners strive to maximize their clients' prospects of success by securing their own preferred venue. For so long as different forums yield the prospect of different outcomes in the resolution of any given dispute, litigation about where to litigate isinevitable.Forum shopping is the province of plaintiffs and defendants alike. This book examines the fascinating competition to win the battle for venue in transnational litigation.It first identifies and analyses the pre-conditions and incentives for forum shopping. These serve to explain not only the frequent intensity of interlocutory litigation relating to questions of venue but also the reason why much transnational litigation settles once the issue of venue is resolved,in turn underlining the practical significance of the subject. The guiding principle of the 'natural forum' - the common law's conceptual response to disputed questions of venue - is subjected to detailed analysis and compared with the more orderly response of jurisdiction-regulating conventions,most successfully effected in EU Regulation 44/2001 and its progenitor, the Brussels Convention. Then the various techniques of what can be called 'reverse forum shopping' including the evolving law relating to anti-suit injunctions and its interplay with the concept of international judicialcomity are considered in detail. Finally, the book examines the role of, and the law relating to, jurisdiction and arbitration agreements in transnational litigation, including the manifold techniques by which parties seek to (and frequently do) extricate themselves from these forum-selectionarrangements.
Forum Shopping In The International Commercial Arbitration Context
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Author : Sellier European Law Publishers
language : en
Publisher:
Release Date : 2013
Forum Shopping In The International Commercial Arbitration Context written by Sellier European Law Publishers and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
Forum Shopping In International Adjudication
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Author : Luiz Eduardo Salles
language : en
Publisher: Cambridge University Press
Release Date : 2014-05-22
Forum Shopping In International Adjudication written by Luiz Eduardo Salles and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-22 with Law categories.
How can procedural objections be used to address the emerging phenomenon of forum shopping before international tribunals?
Forum Shopping In International Adjudication
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Author : Luiz Eduardo Salles
language : en
Publisher: Cambridge University Press
Release Date : 2016-06-23
Forum Shopping In International Adjudication written by Luiz Eduardo Salles and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-23 with Law categories.
Forum shopping, which consists of strategic forum selection, parallel litigation and serial litigation, is a phenomenon of growing importance in international adjudication. Preliminary objections (or a party's placement of conditions on the existence and development of the adjudicatory process) have been traditionally conceived as barriers to adjudication before single forums. This book discusses how adjudicators and parties may refer to questions of jurisdiction and admissibility in order to avoid conflicting decisions on overlapping cases, excessive exercises of jurisdiction and the proliferation of litigation. It highlights an emerging, overlooked function of preliminary objections: transmission belts of procedure-regulating rules across the 'international judiciary'. Activating this often dormant, managerial function of preliminary objections would nurture coordination of otherwise independent and autonomous tribunals.
International Adjudication
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Author : V. S. Mani
language : en
Publisher: Brill Archive
Release Date : 1980
International Adjudication written by V. S. Mani and has been published by Brill Archive this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Law categories.
Lis Pendens In International Litigation
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Author : Campbell McLachlan
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2009-07-15
Lis Pendens In International Litigation written by Campbell McLachlan and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-15 with Law categories.
What legal principles apply when courts in different jurisdictions are simultaneously seised with the same dispute ? This question — of international lis pendens — has long been controversial. But it has taken on new and urgent importance in our age. Globalization has driven an unprecedented rise in forum shopping between national courts and a proliferation of new international tribunals. Problems of litispendence have spawned some of the most dramatic litigation of modern times — from anti-suit injunction battles in commercial disputes, to the appeals of prisoners on death row to international human rights tribunals. The way we respond to this challenge has profound theoretical implications for the interaction of legal systems in today’s pluralistic world. In this wide-ranging survey, McLachlan analyses the problems of parallel litigation — in private and public international law and international arbitration. He argues that we need to develop a more sophisticated set of rules of conflict of litigation, guided by a cosmopolitan conception of the rule of law.