Jurisdiction and arbitration agreements in international commercial law / Zheng Sophia Tang.
Milton Park, Abingdon, Oxon : New York, NY : Routledge, 2014.
xxxviii, 273 pages ; 24 cm.
Routledge research in international commercial law.
Formatted Contents Note
Introduction Prerequisites : contractual requirements Prerequisites : which forum decides? Subject matter scope Enforceability of dispute resolution agreements Supporting party autonomy : lis pendens, forum non conveniens and anti-suit injunctions Autonomy and supporting measures in Europe Recognition and enforcement of judgments and awards International convention in jurisdiction and arbitration agreements : a comparative study.
"Arbitration and jurisdiction agreements are frequently used in transnational commercial contracts to reduce risk, gain efficacy and acquire certainty and predictability. Because of the similarities between these two types of procedural autonomy agreements, they are often treated in a similar way by courts and practitioners. This book offers a comprehensive study of the prerequisites, effectiveness, and enforcement of exclusive jurisdiction and arbitration agreements in international dispute resolution. It examines whether jurisdiction and arbitration clauses have identical effects in private international law and whether they have been or should be given the same treatment by most countries in the world. By comparing the treatment of these clauses in the US, China, UK and EU, Zheng Sophia Tang demonstrates how, in practice, exclusive jurisdiction and arbitration agreements are enforced. The book considers whether the Hague Convention on Choice of Court Agreements could be treated as a litigating counterpart to the New York Convention, and whether it could work successfully to facilitate judicial cooperation and party autonomy in international commerce. This book breaks new ground in combining updated materials in EU, US and UK law with unique resources on Chinese law and practice. It will be valuable for academics and practitioners working in the field of private international law and international arbitration"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 257-267) and index.
K2400 .T356 2014
9780415625548 hardback 0415625548 hardback 9780203712788 (e-book) 0203712781 (e-book)