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International Commercial Arbitration and the Brussels I Regulation (Hardcover)
Loot Price: R4,786
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International Commercial Arbitration and the Brussels I Regulation (Hardcover)
Series: Elgar Arbitration Law and Practice series
Expected to ship within 12 - 17 working days
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This new work provides a timely and in-depth examination of the
interface between the recast Brussels I Regulation and
international commercial arbitration. The nature of the exclusion
of arbitration from the original Brussels I Regulation on the
recognition and enforcement of judgments, and subsequent decisions
of the CJEU in cases such as West Tankers, resulted in the use of
delaying tactics by parties wishing to avoid arbitration
agreements. The recast Brussels I Regulation sought to remedy the
situation by clarifying the extent of the arbitration exclusion and
providing further detail on the relationship between arbitration
and the Regulation, with the aim of promoting the efficient
resolution of international disputes within the European Union.
While the recast Brussels I Regulation has gone some way to remedy
the situation, problems remain for those engaged in international
disputes in EU member states. Key features of this book include:
Comprehensive analysis of the interface between the recast Brussels
I Regulation and international commercial arbitration Examination
of the dilatory tactics which may be employed to avoid arbitration
such as forum shopping, commencing parallel proceedings and
obtaining conflicting decisions Guidance on how these tactics are
addressed in national and international law Assessment of the EU,
international and national laws that apply to these tactics.
Practitioners working within the fields of international commercial
arbitration, civil litigation and private international law will
find this work a valuable resource, providing a unique and detailed
treatment of this important and technical subject.
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