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International Commercial Arbitration: International Conventions, Country Reports and Comparative Analysis

Stephan Balthasar

ISBN: 9781849467933

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Edition: 1st

Publication Date: 2016

Publisher: Bloomsbury Publishing

International Commercial Arbitration: International Conventions, Country Reports and Comparative Analysis

International Commercial Arbitration: International Conventions, Country Reports and Comparative Analysis

This Guide provides an overview of the global framework of international commercial arbitration – the New York Convention – and gives comprehensive insight into the laws of international arbitration for the world's most important jurisdictions in the arena of international arbitration: Austria, Belgium, Brazil, China, England and Wales, France, Germany, Hong Kong, India, Netherlands, Russia, Singapore, Spain, Sweden, Switzerland and the United States of America. The country reports focus on international arbitration, and, where applicable, point to specific rules applying to domestic arbitration in a specific jurisdiction.

International Commercial Disputes

This is the fourth edition of this highly regarded work on the law of international commercial litigation as practised in the English courts. As such it is primarily concerned with how commercial disputes which have connections with more than one country are dealt with by the English courts. Much of the law which provides the framework for the resolution of such disputes is derived from international instruments, including recent Conventions and Regulations which have significantly re-shaped the law in the European Union. The scope and impact of these European instruments is fully explained and assessed in this new edition.

The work is organised in four parts. The first part considers the jurisdiction of the English courts and the recognition and enforcement in England of judgments granted by the courts of other countries. This part of the work, which involves analysis of both the Brussels I Regulation and the so-called traditional rules, includes chapters dealing with jurisdiction in personam and in rem, anti-suit injunctions and provisional measures. The work’s second part focuses on the rules which determine whether English law or the law of another country is applicable to a given situation. The part includes a discussion of choice of law in contract and tort, with particular attention being devoted to the recent Rome I and Rome II Regulations. The third part of the work includes three new chapters on international aspects of insolvency (in particular, under the EC Insolvency Regulation) and the final part focuses on an analysis of legal aspects of international commercial arbitration. In particular, this part examines: the powers of the English courts to support or supervise an arbitration; the effect of an arbitration agreement on the jurisdiction of the English courts; the law which governs an arbitration agreement and the parties’ dispute; and the recognition and enforcement of foreign arbitration awards.