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Vol 21 No 11 Nov/Dec 2016

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Parallel Proceedings in International Arbitration: A Comparative European Perspective


ISBN13: 9789041152640
Published: May 2014
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £136.00



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This book depicts and evaluates, in a European context, the pleas and actions which parties may make use of to dissolve the parallel jurisdiction of a national court and an arbitral tribunal.

The author undertakes a thorough comparative analysis of the motivations for, and practice of, such pleas and actions with special regard to the major hubs where elaborate arbitration laws are tried and tested by the arbitration community – Germany, France, Switzerland, and England.

On the basis of four scenarios of parallel proceedings before national courts and arbitral tribunals, the analysis tackles such issues and topics as the following:-

  • motivations for initiating parallel proceedings from the various parties’ perspectives;
  • remedies available to parties in situations of jurisdictional conflicts;
  • effect of the principle of competence-competence on national courts’ review of arbitration agreements;
  • pleas restricting national courts’ exercise of jurisdiction to a review of core principles (arbitration defence);
  • self-restraining pleas independent of an arbitration agreement (plea of litispendence);
  • actions for declaratory relief;
  • actions aimed at restraining another court’s or tribunal’s jurisdiction (anti-suit/anti-arbitration injunctions);
  • pleas invoked to avoid procedural inefficiencies and inconsistencies (plea of res judicata);
  • counsel’s duty of care and arbitral tribunal’s mandate to issue an enforceable award; and
  • litigation culture versus arbitration-friendliness.

Throughout, the author underlines the importance and applicability of relevant multinational and supranational conventions, institutional arbitration rules, the International Law Association’s recommendations, national laws in force and national courts’ case law including the case law of the European Court of Justice as regards the interface of arbitration and the Brussels Regulation.

In its focus on the jurisdictional pleas and actions available where proceedings on the same subject matter and between the same parties are pending both before a national court and an arbitral tribunal, this book has no peers.

The author’s analysis of the characteristics of these jurisdictional pleas and actions, and their effectiveness in major European jurisdictions – from the perspectives of the national courts, the arbitrators, and the parties – is entirely new, and of immeasurable value to practitioners, corporate counsel, and interested policymakers and jurists.

Subjects:
Arbitration and Dispute Resolution
Contents:
CHAPTER 1 Introduction.
CHAPTER 2 Competence-Competence.
CHAPTER 3 Jurisdictional Pleas and Actions with Parallel Proceedings before an Arbitral Tribunal and a National Court.
CHAPTER 4 Final Conclusion. Bibliography.
Table of Cases.
Table of Materials.
Index.

Series: International Arbitration Law Library

Valuation for Arbitration: Compensation Standards, Valuation Methods and Expert Evidence 2nd ed ISBN 9789041162281
To be published March 2018
Kluwer Law International
£119.00
The International Effectiveness of the Annulment of an Arbitral Award 2nd ed ISBN 9789041159731
To be published September 2017
Kluwer Law International
£92.00
Party-Appointed Arbitrators in International Commercial Arbitration ISBN 9789041166715
Published April 2016
Kluwer Law International
£128.00
International Arbitration and Cross-Border Insolvency: Comparative Perspectives ISBN 9789041154194
Published September 2014
Kluwer Law International
£132.00
£128.00
Challenge and Disqualification of Arbitrators in International Arbitration ISBN 9789041137999
Published January 2012
Kluwer Law International
£128.00
China-Africa Dispute Settlement: The Law, Economics and Culture of Arbitration ISBN 9789041136749
Published November 2011
Kluwer Law International
£128.00
Confidentiality in International Commercial Arbitration ISBN 9789041132260
Published July 2011
Kluwer Law International
£116.00
Bias Challenges in International Arbitration: The Need for a Real Danger Test ISBN 9789041131911
Published November 2009
Kluwer Law International
£119.00
Arbitrability: International & Comparative perspectives ISBN 9789041127303
Published March 2009
Kluwer Law International
£119.00
Force Majeure and Hardship Under General Contract Principles ISBN 9789041127921
Published January 2009
Kluwer Law International
£148.00
£117.00
£128.00
Complex Arbitrations: Multiparty, Multicontract, Multi-Issue and Class Actions ISBN 9789041124425
Published December 2005
Kluwer Law International
£136.00
Provisional Measures in International Commercial Arbitration ISBN 9789041123534
Published August 2005
Kluwer Law International
£123.00
Towards a Science of International Arbitration: Collected Empirical Research ISBN 9789041123220
Published December 2004
Kluwer Law International
£123.00
Online Dispute Resolution: Challenges for Contemporary Justice ISBN 9789041123183
Published December 2004
Kluwer Law International
£156.00
Corruption in International Trade and Commercial Arbitration ISBN 9789041122360
Published March 2004
Kluwer Law International
£167.00
The Healthy Award: Challenges in International Commercial Arbitration ISBN 9789041120113
Published March 2003
Kluwer Law International
£195.00
The International Effectiveness of the Annulment of an Arbitral Award ISBN 9789041117175
Published January 2002
Kluwer Law International
£100.00
Insolvency Proceedings and Commercial Arbitration ISBN 9789041111159
Published June 2000
Kluwer Law International
£126.00
Arbitration and Mediation in International Business ISBN 9789041102423
Published June 1998
Kluwer Law International
Out of print
Iran-United States Claims Tribunal in Action ISBN 9781853339028
Published March 1993
Brill Academic Publishers
Out of print