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eBook Anti-Suit Injunctions in International Arbitration (International Arbitration no 2) epub

by Emmanuel Gaillard

eBook Anti-Suit Injunctions in International Arbitration (International Arbitration no 2) epub
  • ISBN: 1929446608
  • Author: Emmanuel Gaillard
  • Genre: Other
  • Subcategory: Law
  • Language: English
  • Publisher: JurisNet, LLC (March 2005)
  • Pages: 350 pages
  • ePUB size: 1754 kb
  • FB2 size 1306 kb
  • Formats lrf mobi rtf azw


IAI Series No. 2 The International Arbitration Institute (IAI) series on. .

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.

Start by marking Anti-Suit Injunctions in International Arbitration (International Arbitration No 2) as.

Start by marking Anti-Suit Injunctions in International Arbitration (International Arbitration No 2) as Want to Read: Want to Read savin. ant to Read.

On anti-suit injunctions in international arbitration, see Emmanuel GAILLARD, e. Anti-Suit Injunctions in International Arbitration, IAI Series on International Arbitration No. 2 ( Juris Publishing 2005) (hereinafter Anti-Suit Injunctions in International Arbitration).

Issued by Arbitrators.

Anti-suit injunctions represent a form of courts involvement in the arbitration proceedings. They also deserve to be analysed with regard to international 1 EMMANUEL GAILLARD, Anti-Suit Injunctions in International Arbitration, IAI Series on International Arbitration No. 2, (E. Gaillard ed. This kind of injunctions originated from common law systems, and are not yet accepted by civil law countries, where they are considered in contrast with the principle of mutual trust among courts. 2005).

It is a collection of works by many authors

It is a collection of works by many authors. Interim and Emergency Relief in International Arbitration, I. Laird, B. Sabahi and .

Lévy, Laurent, "Anti-suit Injunctions Issued by Arbitrators", in Emmanuel Gaillard (e., Anti-Suit Injunctions In International Arbitration (Berne: Staempfli, 2005)

Lévy, Laurent, "Anti-suit Injunctions Issued by Arbitrators", in Emmanuel Gaillard (e., Anti-Suit Injunctions In International Arbitration (Berne: Staempfli, 2005). "Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters"

In international commercial arbitration, issues relating to the unconstitutionality of national law (or .

In international commercial arbitration, issues relating to the unconstitutionality of national law (or national legislation) are very rarely raised before the arbitral tribunal. Background UK courts senior courts have the power to issue an anti-suit injunction in favor of arbitration where a party commences foreign court proceedings in breach of a valid arbitration agreement (Senior Courts Act 1981 . 7(1)). At the heart of this controversial remedy lies a concern that anti-suit injunction is an indirect interference with the.

The network for international arbitration, mediation and ADR, international investment law and Transnational .

The network for international arbitration, mediation and ADR, international investment law and Transnational Dispute Management.

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.

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