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Vol 23 No 6 June/July 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

Price: £110.00

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Jurisdiction and Arbitration Agreements and their Enforcement 3rd ed


ISBN13: 9780414034310
Previous Edition ISBN: 9781847038975
Published: December 2015
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £245.00



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The new edition of this leading work offers a comprehensive treatment of jurisdiction and arbitration agreements in commercial contracts, and the enforcement of consequent judgments.

    Gives detailed guidance on the validity, scope, construction and incorporation of jurisdiction and arbitration agreements into contracts
  • Offers detailed advice on how to resolve problems that can arise in the enforcement of agreements
  • Looks at all aspects of enforcement, from the grant of stay to injunctive and declaratory relief and an action for damages
  • Contains precedents relating to anti-suit injunctions and declaratory relief
  • Includes coverage of multi-tier resolution clauses
  • Considers the decisions of English and European courts in this field since the previous edition
  • Includes a detailed exploration of the revised Brussels I Regulation in force from December 2014, discussing its meaning and implications
  • Covers precedents arising from implementation of the 2010 Lugano Convention
  • Features an expanded section on interim relief granted by arbitral tribunals covering the latest jurisprudence in investment treaty arbitration
  • Discusses the issues from both EU and common law perspectives, ensuring the work is relevant to those practising in a wide range of jurisdictions

Subjects:
Conflict of Laws, Arbitration and Dispute Resolution, Courts and Procedure
Contents:
Introduction.
Overview of the European framework.
Formal requirements of jurisdiction and arbitration agreements.
Nature and construction of jurisdiction and arbitration agreements.
Incorporation of jurisdiction and arbitration agreements.
The governing law of the dispute resolution agreement and other choice of law issues.
Parties - Who is bound? Who can enforce?
Relationship with international convention and foreign law.
Commencement of proceedings or arbitration.
Stay of proceedings / Declining jurisdiction.
Stay (Arbitration).
Restraining injunctions and orders.
Declaratory relief.
Damages.
Enforcement of judgments and orders.
Enforcement of awards.
Enforcement of mediation agreements.
Appendices.