Non-Fiction Books:

Private International Law and Arbitral Jurisdiction

Click to share your rating 0 ratings (0.0/5.0 average) Thanks for your vote!
$378.99
Available from supplier

The item is brand new and in-stock with one of our preferred suppliers. The item will ship from a Mighty Ape warehouse within the timeframe shown.

Usually ships in 3-4 weeks

Buy Now, Pay Later with:

4 payments of $94.75 with Afterpay Learn more

Availability

Delivering to:

Estimated arrival:

  • Around 27 Jun - 9 Jul using International Courier

Description

International commercial arbitration and litigation are often seen as competing fora, fields of law, or markets. This intersection is at its highest at the forefront of any proceedings, at the jurisdictional stage. The analysis of jurisdictional issues at the forefront of an arbitration has been confined in a descriptive analysis of the law and jurisprudence, dealing with jurisdictional intersections almost in a mechanistic manner. These are not, however, issues which can be treated as mere mechanical rules. They are issues pertaining to core notions of authority, sovereignty, their origins and their allocation. At the same time, the pragmatic and practical domination of party autonomy is a fact which cannot be disregarded when one considers the normative and theoretical foundations of any model of dealing with these issues. This book moves beyond an analysis of arbitration and jurisdiction clauses to reconcile theory and practice, and provides an underlying theoretical model to explain and regulate jurisdictional intersections at the early stages of an arbitration from a private international law perspective. It combines both an in-depth engagement with the theoretical literature as well as a close examination and analysis of its practical consequences in the form of a restatement of the law of England and Wales. From a methodological perspective, it utilises contemporary theories in private international law to propose a coherent model of regulating arbitral jurisdictions which promotes autonomy and freedom of the parties at this stage. Demonstrating, first, how the theoretical model can be applied in practice and, second, to provide a basis for a potential future top-down or bottom-up approach of adopting the proposed model, it includes a succinct and practical codification of the current state of affairs in relation to the whole spectrum of jurisdictional issues in England and Wales to serve as a useful tool for practitioners considering jurisdictional issues both from the perspective of State courts and from the perspective of arbitral tribunals, as well as academics researching in these areas.

Author Biography:

Faidon Varesis is Teaching Fellow at National Kapodistrian University of Athens, Greece. He has completed his Ph.D. at the University of Cambridge on 'Regulation of Arbitral Jurisdiction: a Private International Law Proposal' and he has taught at Cambridge, Oxford, Milan, and Athens. His research interests focus on International Commercial Arbitration and Conflict of Laws. He holds an M.Jur. (Distinction) from the University of Oxford having already completed an LLM in Civil law (Summa cum Laude) and an LLB (Summa cum Laude) from the National and Kapodistrian University of Athens, Greece. Aside from his academic endeavours, he is a qualified attorney practicing in international commercial and investment arbitration, as well as representing clients in international transactions.
Release date Australia
December 23rd, 2022
Audience
  • Tertiary Education (US: College)
Pages
238
ISBN-13
9781032205359
Product ID
35888241

Customer reviews

Nobody has reviewed this product yet. You could be the first!

Write a Review

Marketplace listings

There are no Marketplace listings available for this product currently.
Already own it? Create a free listing and pay just 9% commission when it sells!

Sell Yours Here

Help & options

Filed under...