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The Legal, Real and Converged Interest in Declaratory Relief

ISBN13: 9789403512440
Published: May 2019
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £144.00

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The Legal, Real and Converged Interest in Declaratory Relief is a combination of practical experience and dogmatic analysis that focuses on declaratory relief relating to disputes resolved within the framework of international commercial arbitration and litigation. It is construed as a remedy where the plaintiff seeks an authoritative judicial statement of the legal relationship. Although of enormous significance in dispute resolution, declaratory relief has not been analysed in detail until this deeply informed study.

What’s in this book:

Focusing on the notion of ‘legal interest’ as a prerequisite to declaratory relief – which the author views as a serious limitation of access to justice – this book sets out to redefine the term in order to respond to the needs of modern legal dealing. Issues and topics such as the following are thoroughly considered across the chapters:

  • the concept of legal interest as a prerequisite to granting a declaration;
  • circumstances under which relief based on a declaratory judgment may be granted;
  • determination of a plaintiff’s ‘legal interest’ in having a legal relationship established by a judicial ruling;
  • powers of the court or tribunal in various jurisdictions, emphasizing the contrast between ‘legal interest’ in Germanic law and ‘real interest’ in English law;
  • combining a declaration with a coercive measure;
  • role of the arbitration agreement and applicable arbitration law; and
  • how arbitration can neutralize the strict notion of legal interest (‘converged interest’).
Case law, including numerous previously unpublished arbitration awards, is fully taken into account. The final chapter elaborates a new interpretation of the declaratory relief concept, encompassing civil substantive and procedural law enriched by the theory of justice, comparative analysis and statistical analysis. The Annex part of the book presents expert reports by local practitioners on the relevant legal characteristics in Germanic civil law jurisdictions (Austria, Germany, Poland and Switzerland).

How this will help you:

Given that recent legal scholarship has been increasingly insistent that judicial practice should evolve towards broader use of declarations, particularly where interpretation of contractual stipulations is necessary, this book elaborates a new perspective for modern redefinition of the legal interest concept. With its challenging redefinition of this concept, it promises to play an important role in formulation of relief in dispute resolution, particularly in international commercial arbitration. Lawyers and arbitrators will benefit from the awareness of how other tribunals decide and how awards can be formulated, and arbitration institutions as well as academics in the field will welcome this deeply informative analysis.

Arbitration and Alternative Dispute Resolution
Preface and Acknowledgements
List of Abbreviations
Declarations in General
The Concept of ‘Legal’ Interest in Germanic Systems of Law
The Concept of ‘Real’ Interest in English Law
The Concept of ‘Converged’ Interest in International Arbitration Awards
The Problem of Redefinition of Legal Interest Concept in Light of the Access to Justice Principles
Reports on Main Features of Declarations in Germanic Jurisdictions
Report on Main Features of Declarations in Austria
Ulrich Kopetzki
Report on Main Features of Declarations in Germany
Alicja Zielinska-Eisen & Tobias Strecker
Report on Main Features of Declarations in Poland
Beata Gessel-Kalinowska vel Kalisz & Joanna Kisielinska-Garncarek
Report on Main Features of Declarations in Switzerland
Nino Sievi
Table of Cases
Table of Legislation and Statutes

Series: International Arbitration Law Library

Arbitrators and Arbitral Institutions: Liability and Insurance ISBN 9789403509051
To be published February 2020
Kluwer Law International
Interpretation of Contracts in Comparative and Uniform Law ISBN 9789403511306
Published May 2019
Kluwer Law International
The Decision Making Process of Investor-State Arbitration Tribunals ISBN 9789041196002
Published January 2019
Kluwer Law International
The Functions of Arbitral Institutions ISBN 9789041162175
Published August 2016
Kluwer Law International
Party-Appointed Arbitrators in International Commercial Arbitration ISBN 9789041166715
Published April 2016
Kluwer Law International
International Arbitration and Cross-Border Insolvency: Comparative Perspectives ISBN 9789041154194
Published September 2014
Kluwer Law International
Parallel Proceedings in International Arbitration: A Comparative European Perspective ISBN 9789041152640
Published May 2014
Kluwer Law International
Piercing the Veil of State Enterprises in International Arbitration ISBN 9789041151629
Published April 2014
Kluwer Law International
International Arbitration and the Permanent Court of Arbitration ISBN 9789041147660
Published August 2013
Kluwer Law International
Challenge and Disqualification of Arbitrators in International Arbitration ISBN 9789041137999
Published January 2012
Kluwer Law International
China-Africa Dispute Settlement: The Law, Economics and Culture of Arbitration ISBN 9789041136749
Published November 2011
Kluwer Law International
Confidentiality in International Commercial Arbitration ISBN 9789041132260
Published July 2011
Kluwer Law International
Bias Challenges in International Arbitration: The Need for a Real Danger Test ISBN 9789041131911
Published November 2009
Kluwer Law International
Arbitrability: International & Comparative perspectives ISBN 9789041127303
Published March 2009
Kluwer Law International
Force Majeure and Hardship Under General Contract Principles ISBN 9789041127921
Published January 2009
Kluwer Law International
Pervasive Problems in International Arbitration ISBN 9789041124500
Published May 2006
Kluwer Law International
Complex Arbitrations: Multiparty, Multicontract, Multi-Issue and Class Actions ISBN 9789041124425
Published December 2005
Kluwer Law International
Provisional Measures in International Commercial Arbitration ISBN 9789041123534
Published August 2005
Kluwer Law International
Towards a Science of International Arbitration: Collected Empirical Research ISBN 9789041123220
Published December 2004
Kluwer Law International
Online Dispute Resolution: Challenges for Contemporary Justice ISBN 9789041123183
Published December 2004
Kluwer Law International
Corruption in International Trade and Commercial Arbitration ISBN 9789041122360
Published March 2004
Kluwer Law International
The Healthy Award: Challenges in International Commercial Arbitration ISBN 9789041120113
Published March 2003
Kluwer Law International
The International Effectiveness of the Annulment of an Arbitral Award ISBN 9789041117175
Published January 2002
Kluwer Law International
Arbitration in Complex International Contracts ISBN 9789041116628
Published October 2001
Kluwer Law International
Insolvency Proceedings and Commercial Arbitration ISBN 9789041111159
Published June 2000
Kluwer Law International
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