Andrew Bell

Forum Shopping and Venue in Transnational Litigation

• Gebundenes Buch

Produktbeschreibung

The guiding principle of the 'natural forum' - the common law's conceptual response to disputed questions of venue - is subjected to detailed analysis and compared with the more orderly response of jurisdiction-regulating conventions, most successfully effected in EU Regulation 44/2001 and its progenitor, the Brussels Convention. Then the various techniques of what can be called 'reverse forum shopping' including the evolving law relating to anti-suit injunctions and its interplay with the concept of international judicial comity are considered in detail. Finally, the book examines the role of, and the law relating to, jurisdiction and arbitration agreements in transnational litigation, including the manifold techniques by which parties seek to (and frequently do) extricate themselves from these forum-selection arrangements.

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Forum shopping in international litigation and arbitration is the product of the differences which exist in the procedural and substantive laws of countries throughout the world participating in an ever-more globalized economy.This book provides an in-depth study of the conditions for, motivations behind and techniques of forum shopping as well as possible defences against it. It will be of interest to practitioners, judges and academics throughout the common law world, the European Union and the United States.

Produktdetails

• Verlag: Oxford University Press, USA
• Seitenzahl: 398
• Erscheinungstermin: 27. März 2003
• Englisch
• Abmessung: 243mm x 164mm x 27mm
• Gewicht: 722g
• ISBN-13: 9780199248186
• ISBN-10: 0199248184
• Artikelnr.: 21490884

Autorenporträt

Andrew Bell is a barrister practising at the New South Wales bar in Australia and sometime Vinerian Scholar at the University of Oxford.

Inhaltsangabe

Foreword by Sir Anthony Mason
1: Introduction
1.1 Transnational litigation and the global economy
1.2 Transnational litigation and concurrent jurisdiction
1.3 The importance of venue
2: Venue and the plaintiff: the incentives for forum shopping
2.1 Three dimensions of uniformity
2.2 The significance of procedure
2.3 Lack of uniformity in domestic law
2.4 Divergence in choice of law rules and practice
3: Conceptual responses to forum shopping and concurrent litigation
3.1 Introduction
3.2 Jurisdiction allocated by convention or regulation
3.3 Jurisdiction under the common law
4: Venue and the defendant: reverse forum shopping
4.1 Options for the defendant
4.2 Challenging jurisdiction
4.3 Staying procedures - forum non conveniens
4.4 Anti-suit judgments
4.5 Negative declaratory proceedings
4.6 Ignoring foreign proceedings
5: Venue by consensus: jurisdiction and arbitration agreements
5.1 The nature and importance of jurisdiction and arbitration agreements
5.2 Escaping the bargain
5.3 Conclusion
6: Conclusion