Jurisdiction and Arbitration Agreements in International by Zheng Sophia Tang

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By Zheng Sophia Tang

Arbitration and jurisdiction agreements are usually utilized in transnational advertisement contracts to lessen chance, achieve efficacy and procure simple task and predictability. as a result similarities among those forms of procedural autonomy agreements, they can be handled in a similar fashion by means of courts and practitioners.

This ebook deals a entire learn of the must haves, effectiveness, and enforcement of particular jurisdiction and arbitration agreements in overseas dispute answer. It examines no matter if jurisdiction and arbitration clauses have exact results in deepest overseas legislations and whether or not they were or will be given a similar remedy by way of so much nations on the earth. via evaluating the remedy of those clauses within the US, China, united kingdom and ecu, Zheng Sophia Tang demonstrates how, in perform, specific jurisdiction and arbitration agreements are enforced. The ebook considers no matter if the Hague conference on number of court docket Agreements might be taken care of as a litigating counterpart to the recent York conference, and even if it could actually paintings effectively to facilitate judicial cooperation and get together autonomy in overseas commerce.

This ebook breaks new floor in combining up-to-date fabrics in ecu, US and united kingdom legislations with designated assets on chinese language legislation and perform. it will likely be worthy for lecturers and practitioners operating within the box of non-public overseas legislations and foreign arbitration.

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12 Russian case Sony v RTC, Case No 1831/12, judgment dated 19 June 2012 . . . . . 12 Luxembourg case Jurgen Weber v SA Eurocard Belgium-Luxembourg (Luxembourg Court of Appeal) [1993] ILPr 55 . . . . . . . . . . . . . . . 334/2003, 3rd State Court of Curitiba, PR . . . . 87 Martinelli v Columbia, 115 Achivo 319 [1955] . . . . . . . . . . . Pr. 717 . . . . . . . . . . . . . . . . . 124, 190 Canadian Royalties Inc. v Nearctic Nickel Mines Inc.

105 Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters . . . . . . 3, 9, 11, 12, 14, 17, 19, 21–25, 32–42, xxxiv Table of statutes and legislative instruments 46–47, 50, 52, 54, 57, 58, 61, 71, 75, 77–82, 89, 103, 104, 107, 109, 126, 127, 138, 139, 141, 145, 146, 164, 165, 178–223, 230, 235–237, 239, 240, 242–244 Regulation (EU) No 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) .

102 xxxii Table of cases ICC Case No 4604 [1984], reprinted in 111 J. Droit Int’l 973 [1985] . . . . . . . . . . . . . . . . . . . . . . . . . . 102 ICC Case No 5065 [1986]. . . . . . . . . . . . . . . . . . . 102 ICC Case No 8423 [1994]. . . . . . . . . . . . . . . . . . . 102 Isover St Gobain v Dow Chemical France (4131/ 1982) ICC I ICC Awards 146 . . . . . . . . . . . . . . . . . . . . . . . . 32 Noble Power Investments Limited & Another v Nissei Stomach Tokyo Co Ltd, CACV 398/2007 .

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