Anti-suit Injunctions in International Arbitration

Anti-suit Injunctions in International Arbitration
Author: Emmanuel Gaillard
Publisher: Juris Publishing, Inc.
Total Pages: 372
Release: 2005-03-01
Genre: Law
ISBN: 1929446608

IAI Series No. 2 The International Arbitration Institute (IAI) series on international arbitration is a new periodic series of publications that will focus on cutting edge issues and developments in international arbitration. About the IAI: The International Arbitration Institute (IAI), an organization created under the auspices of the Comité Français de ľ Arbitrage (CFA), was created to promote exchanges in international arbitration. The IAI is designed to promote exchanges on current issues in the field of international commercial arbitration. Its activities include the regular organization of international conferences, colloquiums, as well as conducting various research projects. About the Book: Anti-suit injunctions are a device, originally found in common law countries, whereby a court - which retains its jurisdiction or anticipates to do so and which seeks to protect that jurisdiction or, more generally, the jurisdiction of the forum it deems to be the most appropriate - orders a party to refrain from bringing a claim before the courts of another State or before an arbitral tribunal or, if the party has already brought such a claim, orders that party to withdraw from, or the arbitrators to suspend, the proceedings. In the past few years, the use of anti-suit injunctions in the context of international arbitration has been spreading at a disturbing pace. The courts of many common law countries but also those of civil law tradition frequently resort to this device at a party's request, in order to disrupt the arbitration process or resist the enforcement of the award. How best to resolve those conflicts arising as a result of national courts' differing perspectives on the validity and scope of certain arbitration agreements? Are anti-suit injunctions in conformity with the requirements of public international law? When the courts of certain States enjoin a party to refrain from proceeding with an arbitration, should other courts enjoin them not to enjoin, or should they, like the U.S. Court of Appeal for the 5th Circuit in the Pertamina case, exercise a commandable "self-restriction"? These are just a few of the issues addressed in Anti-Suit Injunctions in International Arbitration.

Anti-suit Injunctions in International Commercial Arbitration

Anti-suit Injunctions in International Commercial Arbitration
Author: Olivier Luc Mosimann
Publisher: Eleven International Publishing
Total Pages: 0
Release: 2010
Genre: Law
ISBN: 9789077596999

Anti-suit injunctions are orders restraining a party from commencing or continuing proceedings before a state court and can be issued by a court or arbitral tribunal. This book examines if and when anti-suit injunctions can be ordered, and it contemplates their legal conformity. It deals with jurisdictions familiar with anti-suit injunctions (e.g. England and the US) and compares these with the legal setting in Switzerland. The analysis not only relies on publicly available material, but also on confidential arbitral case law. Besides information on arbitral proceedings reported directly by arbitrators, the book takes into consideration unpublished material from proceedings conducted under the International Chamber of Commerce Rules and the International Arbitration Rules of Zurich Chamber of Commerce (now replaced by the Swiss Rules).

International Arbitration in the United States

International Arbitration in the United States
Author: Laurence Shore
Publisher: Kluwer Law International B.V.
Total Pages: 888
Release: 2016-04-24
Genre: Law
ISBN: 9041190813

International Arbitration in the United States is a comprehensive analysis of international arbitration law and practice in the United States (U.S.). Choosing an arbitration seat in the U.S. is a common choice among parties to international commercial agreements or treaties. However, the complexities of arbitrating in a federal system, and the continuing development of U.S. arbitration law and practice, can be daunting to even experienced arbitrators. This book, the first of its kind, provides parties opting for “private justice” with vital judicial reassurance on U.S. courts’ highly supportive posture in enforcing awards and its pronounced reluctance to intervene in the arbitral process. With a nationwide treatment describing both the default forum under federal arbitration law and the array of options to which parties may agree in state courts under state international arbitration statutes, this book covers aspects of U.S. arbitration law and practice as the following: .institutions and institutional rules that practitioners typically use; .ethical considerations; .costs and fees; .provisional measures; and .confidentiality. There are also chapters on arbitration in specialized areas such as class actions, securities, construction, insurance, and intellectual property.

Justice in International Law

Justice in International Law
Author: Stephen M. Schwebel
Publisher: Cambridge University Press
Total Pages: 385
Release: 2011-05-19
Genre: Law
ISBN: 113950293X

Since 1947, Stephen M. Schwebel has written some 200 articles and book reviews on topics of international law, international arbitration and international relations. This volume brings together thirty-two of the legal articles and commentaries written since the first volume of his essays was published in 1994. The essays analyze contentious issues of international arbitration and international law such as the place of preparatory work in interpreting treaties, the role of a judge of the nationality of a party to a case sitting in judgment in the International Court of Justice, and the meaning of the term 'investment' in ICSID jurisprudence. Together with his unofficial writings, his judicial opinions are catalogued in the list of publications with which this volume concludes.

Injunctive Relief and International Arbitration

Injunctive Relief and International Arbitration
Author: Hakeem Seriki
Publisher: CRC Press
Total Pages: 323
Release: 2014-07-25
Genre: Law
ISBN: 1317685040

This book explores from an English law and Institutional perspective the various types of injunctive relief that are available to a party before and during arbitral proceedings. In particular, this book examines the basis of the power of English Courts to grant such injunctions and explains when such injunctions will be granted. It considers any limitations attached to such injunctions and the relationship between section 44 of the Arbitration Act 1996 and section 37 of the Senior Courts Act 1981. It also provides an in-depth analysis of case law and the emerging trends in this area of arbitration, as well as the powers of arbitrators under the ICC and LCIA Rules to grant such relief and other remedies that might be available to a party seeking to uphold an arbitration agreement. This book will be a vital reference tool for practitioners, arbitrators and postgraduate students.

Parallel Proceedings in International Arbitration

Parallel Proceedings in International Arbitration
Author: Nadja Erk
Publisher:
Total Pages: 318
Release: 2014
Genre: Law
ISBN: 9789041152640

This book depicts and evaluates, in a European context, the pleas and actions which parties may make use of to dissolve the parallel jurisdiction of a national court and an arbitral tribunal. The author undertakes a thorough comparative analysis of the motivations for, and practice of, such pleas and actions with special regard to the major hubs where elaborate arbitration laws are tried and tested by the arbitration community - Germany, France, Switzerland, and England. 0On the basis of four scenarios of parallel proceedings before national courts and arbitral tribunals, the analysis tackles such issues and topics as the following: motivations for initiating parallel proceedings from the various parties' perspectives; remedies available to parties in situations of jurisdictional conflicts; effect of the principle of competence-competence on national courts' review of arbitration agreements; pleas restricting national courts' exercise of jurisdiction to a review of core principles (arbitration defence); self-restraining pleas independent of an arbitration agreement (plea of litispendence); actions for declaratory relief; actions aimed at restraining another court's or tribunal's jurisdiction (anti-suit/anti-arbitration injunctions); pleas invoked to avoid procedural inefficiencies and inconsistencies (plea of res judicata); counsel's duty of care and arbitral tribunal's mandate to issue an enforceable award; and litigation culture versus arbitration-friendliness.

Pervasive Problems in International Arbitration

Pervasive Problems in International Arbitration
Author: Loukas A. Mistelis
Publisher: Kluwer Law International B.V.
Total Pages: 418
Release: 2006-01-01
Genre: Law
ISBN: 9041124500

"This important book will be of great interest to arbitration lawyers, international lawyers and business people, as well as to academics, libraries, and students of dispute resolution."--Publisher's website.

Procedure and Evidence in International Arbitration

Procedure and Evidence in International Arbitration
Author: Jeffrey Waincymer
Publisher: Kluwer Law International B.V.
Total Pages: 1408
Release: 2012-05-23
Genre: Law
ISBN: 9041140670

Central to the book’s purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the parties? The author thoroughly evaluates competing arguments and adds his own practical tips, expertly synthesizing and engaging with the conference literature and differing authors’ views. He identifies criteria that offer a harmonized approach to each stage of the arbitral process, with particular attention to such aspects of international arbitration as: appropriate trade-offs between flexibility and certainty; the rights, duties and powers of arbitrators; appointment and challenge of arbitrators; responses to ‘guerilla’ tactics; drafting of arbitration agreements, including specialty clauses; drafting of required commencement notices and response documents; set-off; fast track arbitration and other efficiency options; strategic use of preliminary conferences and timetabling; online arbitration; multi-party, multi-contract, class arbitration; amicus and third party funders; pre-arbitral referees and interim relief; witness evidence, both factual and expert; documentary evidence, production obligations, and challenges to production; identifying applicable law; and remedies and costs.