Forum shopping in the international commercial arbitration context / edited by Franco Ferrari.

Format:

Book

Contributor:

Ferrari, Franco, editor.

New York University. School of Law, host institution.

Language:

English

Subjects (All):

Arbitration (International law).

Jurisdiction (International law).

Physical Description:

1 online resource (472 pages) : illustrations, tables

Place of Publication:

Munich, [Germany] : sellier european law publishers, 2013.

Language Note:

English

Summary:

For many, "forum shopping" is a term with disparaging connotations, indicating something "evil". That is why various policies against forum shopping exist, both on a domestic and an international level. As for the reasons adduced in justification of this anti-forum shopping stance, they include the assertion that forum shopping goes against the principle of consistency of outcomes, that it overburdens certain courts and creates unnecessary expenses. May a litigant pursue the most favorable, rather than the simplest or closest, forum? To what extent is forum shopping relevant in the international commercial arbitration context? The contributions published in this book, written by renowned authors, provide answers to these and more questions.

Contents:

Frontmatter

Preface

List of Contributors

Table of Contents

Forum Shopping in the International Commercial Arbitration Context: Setting the Stage / Ferrari, Franco

A U.S. Perspective on Forum Shopping, Ethical Obligations, and International Commercial Arbitration / Simowitz, Aaron D.

Forum Shopping and the Determination of the Place of Arbitration / De Ly, Filip

Forum Shopping at the "Gateway" to International Commercial Arbitration / Bermann, George A.

Anti-arbitration Injunctions and Anti-suit Injunctions: An Anglo-European Perspective / Layton, Alexander

Enforcing Orders Against Third Parties (and Parties) for the Taking of Evidence in International Arbitration / Fellas, John

Interim Measures - Relevance of the Courts at the Place of Arbitration and Other Places / Boog, Christopher

Courts and the Constitution of the Arbitral Tribunal: A Comparative Analysis of Standards of Arbitrator Independence and Impartiality / Smit, Robert H.

Forum Shopping in International Arbitration - Forum Non Conveniens and Lack of Personal Jurisdiction / Rutledge, Peter B.

Setting Aside of Arbitral Awards and Forum Shopping in International Arbitration: Delocalization, Party Autonomy and National Courts in Post-Award Review / Mistelis, Loukas

Forum Shopping and Enforcement of Foreign Arbitral Awards: Notes on Public Policy / Di Pietro, Domenico

Forum Shopping and Post-Award Judgments / Silberman, Linda / Scherer, Maxi

Making Remission and Other "Curative" Mechanisms Part of the Forum Shopping Conversation - A View from the U.S. with Comparative Notes. / Coe, Jack J.

Enforcement after the Arbitration: From National Courts to Public International Law Fora / King, D. Brian / Moloo, Rahim

Backmatter

Notes:

Bibliographic Level Mode of Issuance: Monograph

Description based on online resource; title from PDF title page (ebrary, viewed March 27, 2017).

ISBN:

3-86653-991-6

OCLC:

871347073