* Commercial Disputes: Resolution and Jurisdiction

NOT YET PUBLISHED

Remedies are vital in commercial litigation. Additionally, in commercial law, parties are usually free to choose the forum and law that will govern their disputes. This book aims to shine the spotlight on these issues and look to several new trends and developments emerging on procedural matters relating to dispute resolution. The discussions range freely over national, international, and EU legal dimensions, and the book also comes at an opportune time, with the post-Brexit jurisdiction landscape becoming more definable.

This edited volume presents contributions from highly expert and experienced academics and practitioners, collectively examining a broad range of areas relating to the complex and time-consuming issues of resolution and jurisdiction of commercial disputes. The book is divided into three parts: arbitration and ADR, jurisdiction and procedure, and choice of law. Key topics featured include summary procedures in London Maritime Arbitration, reformation of the Arbitration Act, challenges to jurisdiction, stay of proceedings, anti-suit injunctions, the EU-UK judicial space post-Brexit, the application of AI to commercial disputes, and choice of law agreements.

Written for lawyers and administrators not only in England and Wales but worldwide - especially Germany, Switzerland, Greece, Canada, Australia, New Zealand, China, Hong Kong, Singapore, and India – the book is also valuable for specialist law libraries in Europe and the US, some specialist maritime law firms in the US, and some university libraries where maritime and shipping law are taught as specialist subjects.

table of content

Part 1- Arbitration and Other Dispute Resolution Mechanisms

1. “Indisputably Due.” An Express Power for Summary Procedures in London Maritime Arbitration?

David William Steward

2. Interim Orders and Emergency Arbitrators in Maritime Arbitration

Karen Maxwell

3. The Court’s Oversight of Arbitration and Challenging Jurisdiction

Ruth Hosking

4. Digitalisation, Pre-action Protocols, Alternative Dispute Resolution and the Business & Property Courts of England and Wales

Masood Ahmed

5. Resolving Airline Passenger Disputes by Alternative Dispute Resolution Methods: An Appraisal of the UK System

Professor George Leloudas

 

Part 2 - Jurisdiction related Issues, Other Remedies and The Position of Third Parties

6. Anti-suit Injunctions in International Litigation: Two Important Niche Problems

Professor Andrew Tettenborn

7. Jurisdiction and Enforcement of Judgements in the EU- The UK Judicial Space Post-BREXIT

Professor Francesco Munari

8. Sailing Round Judgments from EU Member States after Brexit. Time Charters and the “Shipping Company’s” Right of “Pass-through” under the Amended Emissions Trading Directive 2023

Professor Simon Baughen

9. GA: London- An Examination of the Jurisdictional Bases for Claims in General Average

Richard Sarll

10. The 2005 Choice of Court Convention- Accomplishments and Perspectives

Professor Marta Pertegás Sender

11. Navigating Parallel Proceedings: The Hague Judgments Convention and Non-Exclusive (Asymmetrical) Jurisdiction Agreements

Dr Aygün Mammadzada

 

Part 3 - Choice of Law-Applicable Law Issues

12. The Rome Convention on the Law Applicable to Contractual Obligations- Past, Present and Future

John A. Kimbell KC

13. The Challenges and Limitations of Choice of Law Clauses in International Commercial Agreements

Daniel Wand

14. Methodical Variations in Determining Applicable Laws in International Commercial Arbitration: A Comprehensive Analysis

Dr Patricia Živković