Forum Shopping in the International Commercial Arbitration Context

Forum Shopping in the International Commercial Arbitration Context

Author
Franco Ferrari
Publisher
Sellier - European Law Publishers GmbH
Language
English
Edition
1
Year
2013
Page
472
ISBN
9783866539914
File Type
pdf
File Size
3.8 MiB

For Many, 'forum Shopping' Is A Term With Disparaging Connotations, Indicating Something 'evil.' That Is Why Various Policies Against Forum Shopping Exist, Both On A Domestic And An International Level. As For The Reasons Adduced In Justification Of This Anti-forum Shopping Stance, They Include The Assertion That Forum Shopping Goes Against The Principle Of Consistency Of Outcomes, That It Overburdens Certain Courts And Creates Unnecessary Expenses. May A Litigant Pursue The Most Favorable, Rather Than The Simplest Or Closest, Forum? To What Extent Is Forum Shopping Relevant In The International Commercial Arbitration Context? The Contributions Published In This Book, Written By Renowned Authors, Provide Answers To These And More Questions--unedited Summary From Book Cover. Forum Shopping In The International Commercial Arbitration Context : Setting The Stage / Franco Ferrari -- A U.s. Perspective On Forum Shopping, Ethical Obligations, And International Commercial Arbitration / Aaron D. Simowitz -- Forum Shopping And The Determination Of The Place Of Arbitration / Filip De Ly -- Forum Shopping At The Gateway To International Commercial Arbitration / George A. Bermann -- Anti-arbitration Injunctions And Anti-suit Injunctions : An Anglo-european Perspective / Alexander Layton -- Enforcing Orders Against Third Parties (and Parties) For The Taking Of Evidence In International Arbitration / John Fellas -- Interim Measures : Relevance Of The Courts At The Place Of Arbitration And Other Places / Christopher Boog -- Courts And The Constitution Of The Arbitral Tribunal : A Comparative Analysis Of Standards Of Arbitrator Independence And Impartiality / Robert H. Smit -- Forum Shopping In International Arbitration : Forum Non Conveniens And Lack Of Personal Jurisdiction / Peter B. Rutledge -- Setting Aside Of Arbitral Awards And Forum Shopping In International Arbitration : Delocalization, Party Autonomy And National Courts In Post-award Review / Loukas Mistelis -- Forum Shopping And Enforcement Of Foreign Arbitral Awards : Notes On Public Policy / Domenico Di Pietro -- Forum-shopping And Post-award Judgments / Linda Silberman, Maxi Scherer -- Making Remission And Other Curative Mechanisms Part Of The Forum Shopping Conversation : A View From The U.s. With Comparative Notes / Jack J. Coe Jr. -- Enforcement After The Arbitration: From National Courts To Public International Law Fora / D. Brian King, Rahim Moloo. Edited By Franco Ferrari. Contains The Papers Presented At The Conference Organized By Nyu's Center For Transnational Litigation And Commercial Law Entitled Forum Shopping In The International Commercial Arbitration Context Held At Nyu School Of Law From February 28th To March 2nd, 2013.--page V. Includes Bibliographical References.

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