Merkin And Flannery On The Arbitration Act 1996

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Arbitration Act 1996

Author : Robert Merkin
Publisher : CRC Press
ISBN 13 : 1317819012
Total Pages : 566 pages
Book Rating : 4.3/5 (178 download)

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Book Synopsis Arbitration Act 1996 by : Robert Merkin

Download or read book Arbitration Act 1996 written by Robert Merkin and published by CRC Press. This book was released on 2014-03-14 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an essential resource for any legal practitioner involved in any aspect of English arbitration law. It provides a thorough annotation of the Arbitration Act 1996, and contains comprehensive explanations of developments in the relevant case law to each section of the Act. Since the fourth edition of this book, the English courts have decided many important new cases on virtually every aspect of arbitration law. The most important developments relate to: The growth of anti-arbitration injunctions; The use of freezing injunctions against third party assets and the availability of anti-suit injunctions in EU proceedings; The definition of seat, the appointment of arbitrators, choice of applicable law, jurisdiction, the form of the award and the slip rule; Enforcement of foreign awards, and challenges to domestic awards by way of jurisdictional attacks, serious irregularity or error of law In this 5th edition, the notes to each section contain helpful sub-headings and a new Appendix will contain a fully annotated version of CPR Part 62 and the Practice Direction. The book will also be useful for academics and university students of law at all levels seeking an understanding of the 1996 Act, including those on the Legal Practice Course.

Merkin and Flannery on the Arbitration Act 1996

Author : Robert Merkin
Publisher : Taylor & Francis
ISBN 13 : 1317433645
Total Pages : 1769 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis Merkin and Flannery on the Arbitration Act 1996 by : Robert Merkin

Download or read book Merkin and Flannery on the Arbitration Act 1996 written by Robert Merkin and published by Taylor & Francis. This book was released on 2019-11-21 with total page 1769 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an essential resource for anybody involved in arbitration. It is an updated section-by-section commentary on the Arbitration Act 1996, split into a separate set of notes for each section, and subdivided into the relevant issues within that section. It contains elements of international comparative law, citing authorities from many other common law and civil law jurisdictions. Beyond the development of law since the last edition, this sixth edition contains new practical features to aid the reader. Each section now has a new contents table, with each separate topic set out clearly and in a logical order, which acts as reminder for the reader. Further, each separate topic now has a specific individual reference, and the topics are grouped in a more systematic and logical way within each section, to improve readability. The book is primarily aimed at practitioners of arbitration both in the UK and abroad, including solicitors, barristers, arbitrators and judges who are involved in the practice of arbitration (whether domestic or international). It is also aimed at UK and international students of international arbitration, especially in relation to the sections with comparative legal analysis and comprehensive discussions on the interaction between the Arbitration Act 1996 and institutional arbitration rules. Erratum: The authors regret that the new version of the LCIA Rules will not now be published (or be applicable) until early 2020, due to unexpected circumstances. It is understood that those Articles referred to in the text as the 2019 Rules will remain unchanged, albeit that the Rules when in force should be and will be cited as the 2020 LCIA Rules. The authors accept responsibility for and apologise for this error.

Arbitration Act 1996

Author : Robert M. Merkin
Publisher : Informa Law from Routledge
ISBN 13 : 9781843117780
Total Pages : 0 pages
Book Rating : 4.1/5 (177 download)

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Book Synopsis Arbitration Act 1996 by : Robert M. Merkin

Download or read book Arbitration Act 1996 written by Robert M. Merkin and published by Informa Law from Routledge. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, now in its fourth edition, provides a clear and comprehensive review of the present state of the UK's Arbitration Act 1996. The book explains the deliberations that led to the passing of the Act and then examines the Act's provisions in detail, emphasizing how its sections have been interpreted, while also highlighting particular problem areas. The commentary includes references to the UK's Civil Procedure Rules as they affect applications to the court, and is cross-referred to the Departmental Advisory Committee Reports upon which the Act is based. The full text of the Act, Part 62 of the Civil Procedure Rules, and the UK Departmental Advisory Committee reports are also discussed. The most important cases covered since the last edition, include: ASM Shipping v Harris * ASM Shipping v TTMI Ltd * Albon v Naza Motor Trading * Elektrim SA v Vivendi Universal * Gater Assets v Nak Naftogaz Ukrainy * Kohn v Wagschal * OAO Northern Shipping Co v Remolcadores De Marin SL * Premium

Arbitration Law

Author : Robert M. Merkin
Publisher : Informa Law from Routledge
ISBN 13 : 9781843113744
Total Pages : 0 pages
Book Rating : 4.1/5 (137 download)

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Book Synopsis Arbitration Law by : Robert M. Merkin

Download or read book Arbitration Law written by Robert M. Merkin and published by Informa Law from Routledge. This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a comprehensive and up to date account of the law related to arbitration.

Arbitration Act 1996

Author : Robert M. Merkin
Publisher : L L P
ISBN 13 :
Total Pages : 254 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Arbitration Act 1996 by : Robert M. Merkin

Download or read book Arbitration Act 1996 written by Robert M. Merkin and published by L L P. This book was released on 1996 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disputes in day-to-day commercial dealings are inevitable and arbitration as a means of conflict resolution is becoming more widespread. This book details all the changes made to legislation by the Arbitration Act 1996 and their possible consequences. The author guides the reader through the considerations that led to the passing of the Act, and then examines the new Act's provisions in detail.

Liability Insurance in International Arbitration

Author : Richard Jacobs
Publisher : Bloomsbury Publishing
ISBN 13 : 1509917276
Total Pages : 483 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Liability Insurance in International Arbitration by : Richard Jacobs

Download or read book Liability Insurance in International Arbitration written by Richard Jacobs and published by Bloomsbury Publishing. This book was released on 2021-11-04 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the third revised edition of what was described by the English Court of Appeal in C v D as the “standard work” on Bermuda Form excess insurance policies. The Form, first used in the 1980s, covers liabilities for catastrophes such as serious explosions or mass tort litigation and is now widely used by insurance companies. It is unusual in that it includes a clause requiring disputes to be arbitrated under English procedural rules in London but subject to New York substantive law. This calls for a rare mix of knowledge and experience on the part of the lawyers involved, each of whom is required to confront the many differences between English and US law and legal culture. In addition, since the awards of arbitrators are confidential and are not subject to the scrutiny of the courts, the book helps professionals understand the Form's lengthy and complex provisions. The book, first published in 2004, was the first comprehensive analysis of the Bermuda Form. It is frequently cited in Bermuda Form arbitrations and was the joint winner in 2012 of British Insurance Law Association Book Prize for the most notable contribution to literature in the field of law as it affects insurance. It offers a detailed commentary on how the Form is to be construed, its coverage, the substantive law to be applied, the limits of liability, exceptions, and, of course, the procedures to be followed during arbitration proceedings in London. The book will prove invaluable to lawyers, risk managers, and executives of companies which purchase insurance on the Bermuda Form, and to clients, lawyers or arbitrators involved in disputes arising therefrom.

Enforceability of Multi-Tiered Dispute Resolution Clauses

Author : Ewelina Kajkowska
Publisher : Bloomsbury Publishing
ISBN 13 : 1509910433
Total Pages : 272 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Enforceability of Multi-Tiered Dispute Resolution Clauses by : Ewelina Kajkowska

Download or read book Enforceability of Multi-Tiered Dispute Resolution Clauses written by Ewelina Kajkowska and published by Bloomsbury Publishing. This book was released on 2017-03-23 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the contractual mechanisms requiring parties to exhaust a selected amicable dispute resolution procedure before proceedings in court or arbitration are initiated. It briefly explains the phenomenon of integrated dispute resolution, outlines ADR methods commonly used in multi-tiered clauses and presents the overview of standard clauses published by various ADR providers and professional bodies. The core of the analysis is devoted to the enforceability of multi-tiered clauses under the legal systems of England and Wales, Germany, France and Switzerland. It is essential reading for practitioners and academics working in this area.

Maritime Law

Author : Yvonne Baatz
Publisher : Taylor & Francis
ISBN 13 : 100020264X
Total Pages : 626 pages
Book Rating : 4.0/5 (2 download)

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Book Synopsis Maritime Law by : Yvonne Baatz

Download or read book Maritime Law written by Yvonne Baatz and published by Taylor & Francis. This book was released on 2020-10-29 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its fifth edition, this authoritative guide covers all of the core aspects of maritime law in one distinct volume. Maritime Law is written by a team of leading academics and practitioners, each expert in their own field. Together, they provide clear, concise and fully up-to-date coverage of topics ranging from bills of lading to arrest of ships, all written in an accessible and engaging style. As English law is heavily relied on throughout the maritime world, this book is grounded in English law whilst continuing to analyse the key international conventions currently in force. Brand new coverage includes: The impact of the European Union (Withdrawal Agreement) Act 2020 which amends the European Union (Withdrawal) Act 2018. Over one hundred new cases from the English courts, the Court of Justice of the European Union and the International Tribunal for the Law of the Sea. Changes to the Merchant Shipping (Registration of Ships) Regulations 1993, including the Merchant Shipping (Registration of Ships) (Amendment) (EU exit) Regulations 2019. Discussion of the Incoterms 2020 which are available for incorporation into sale contracts from 1 January 2020. Updates on litigation and amendments to the Admiralty Civil Procedure Rules. This book is a comprehensive reference source for students, academics and legal practitioners worldwide, especially those new to maritime law or a particular field therein.

Arbitration Clauses and Third Parties

Author : Asli Arda
Publisher : Taylor & Francis
ISBN 13 : 1000899772
Total Pages : 323 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Arbitration Clauses and Third Parties by : Asli Arda

Download or read book Arbitration Clauses and Third Parties written by Asli Arda and published by Taylor & Francis. This book was released on 2023-07-18 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to focus on the legal question of the incorporation of arbitration clauses, even though this issue constitutes a common problem that arises frequently in practice. Arbitration Clauses and Third Parties compares different branches of law, namely shipping, reinsurance, and construction, where the legal notion of incorporation is often implemented. It evaluates how the differences and peculiarities of the said branches of law impact the outcome of the incorporation of arbitration clauses and therefore why a ‘one size fits all’ approach should be avoided. The book provides both an in-depth legal analysis of the incorporation of arbitration clauses as well as the legal position of the third parties regarding arbitration agreements and a detailed evaluation of the relevant case law. It further offers a unique comparative analysis of English law and Singapore law with regards to the incorporation of arbitration clauses and features recent case law on the issue from both jurisdictions. Moreover, the book explores the status of third parties to arbitration and a wide range of legal situations in which arbitration clauses bind third parties. This book will be directly of interest to lawyers and professionals in arbitration, reinsurance, construction, and shipping, as well as to relevant academic courses.

International Arbitration in England

Author : Laila Hamzi
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403522259
Total Pages : 602 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis International Arbitration in England by : Laila Hamzi

Download or read book International Arbitration in England written by Laila Hamzi and published by Kluwer Law International B.V.. This book was released on 2022-08-09 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no question that in recent years, the case law, practice and legal environment in which international arbitration in England is practised have all evolved and adapted to a changing world and continue to do so. In this book, a diverse range of practitioners chart this development with detailed consideration of the challenges and opportunities for the future of international arbitration in England. The topics chosen often reflect and explore preoccupations of our times, including such aspects of arbitral practice as the following: challenges to arbitrators, with particular attention to the Supreme Court’s findings in Halliburton v. Chubb; virtual hearings; diversity in international arbitration; climate change arbitration; ‘green arbitration’ practices; developing jurisprudence regarding enjoining foreign states in English proceedings; recovery of in-house costs in English-seated international arbitrations; overlapping sanctions regimes and their application to arbitral disputes in England; and the role and future of third-party funding. The fact that the essays were all written during the COVID-19 pandemic is reflected in the procedural issues which form the focus of some chapters, reminding us that when it comes, change can come quickly. For this reason, the deeply informed insights in this volume, intended as they are to ensure the continued evolution and success of international arbitration in England, will prove of immeasurable value for any practitioner making submissions before an arbitral tribunal. Jurists, academics and students will gain invaluable perspectives on the future trajectory of the field.

Comparative Analysis of Interim Measures – Interim Remedies (England & Wales) v Preservation Measures (China)

Author : Vivek Jain
Publisher : Taylor & Francis
ISBN 13 : 1000579719
Total Pages : 486 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Comparative Analysis of Interim Measures – Interim Remedies (England & Wales) v Preservation Measures (China) by : Vivek Jain

Download or read book Comparative Analysis of Interim Measures – Interim Remedies (England & Wales) v Preservation Measures (China) written by Vivek Jain and published by Taylor & Francis. This book was released on 2022-05-30 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: Interim remedies and provisional measures are a critical component of civil/commercial litigation and arbitration. The objective of this book is to set out not just the law and practice in relation to the primary interim remedies and preservation measures available in England & Wales and China, but also to provide the comparative analysis between the two jurisdictions concerning these interim measures. The system for interim remedies in England & Wales is well-established, but preservation measures in China are a work in progress and many differences exist between the two legal systems, both in terms of theory and practice. For example, China does not recognise the general concept of interim measures, if looked at from the English law point of view, though it does have similar concepts of Property preservation, evidence preservation and behaviour preservation. China has recently adopted Chinese Civil Code 2020 and in writing this book the authors have incorporated all the relevant elements from the new Code. There is no equivalent of Practice Directions in China, and this book provides provide much needed clarity on this area, drawing together the law and guidance which is presently scattered across numerous local courts in the different provinces. This is an important book that is likely to have a significant impact on existing scholarship regarding interim remedies in England, Wales and China, and be of interest of all parties involved in cross-border litigation. Its readership will include industry professionals, academics, policy-makers and government officials.

Handbook of Evidence in International Commercial Arbitration

Author : Franco Ferrari
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403543248
Total Pages : 690 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Handbook of Evidence in International Commercial Arbitration by : Franco Ferrari

Download or read book Handbook of Evidence in International Commercial Arbitration written by Franco Ferrari and published by Kluwer Law International B.V.. This book was released on 2022-04-07 with total page 690 pages. Available in PDF, EPUB and Kindle. Book excerpt: In arbitration, evidence provides the basis for almost every decision, be it procedural, jurisdictional, or substantive. However, users from different legal traditions may not share the same understanding as to how an arbitral tribunal ought to proceed in this regard. Therefore, it is important for lawyers to know how to collect, develop, and present evidence in arbitration proceedings, not only from a legal perspective but also from a cultural point of view. It is against this backdrop that the editors have invited a diverse group of distinguished arbitration practitioners and academics to contribute to this matchless Handbook of Evidence in International Commercial Arbitration. Key concepts and issues related to evidence in arbitration covered include the following: the normative framework on evidence in arbitration proceedings; the burden and standard of proof; means of evidence, including documents, experts, and witnesses; questions of admissibility, including issues of privilege and confidentiality; the assessment of evidence and its probative value; court assistance and sanctions. With its systematic analysis of the key concepts of evidence, holistic discussion of the applicable normative framework, cross-cultural perspectives on the taking of evidence in arbitration, and reference to case law from major arbitration hubs, this book will become an undisputed point of reference for academics and practitioners alike. Critical acclaim: “This handbook elegantly captures the range of issues that arises regarding evidence in international arbitration. Bringing together the foremost experts in the field, each contribution offers a thoughtful analysis on these issues and the compilation deserves a prominent spot in every practitioner’s arbitral library.” Chiann Bao, Independent Arbitrator (Arbitration Chambers) and Vice President of the ICC Court of Arbitration “This publication well deserves recognition as a landmark handbook on evidence in international commercial arbitration. It comprehensively discusses the whole evidentiary process from its foundations taking a comparative and harmonizing perspective as well as the burden and standards of proof to the various evidentiary means up to the assessment of evidence. Written by leading academics and practitioners from all over the world, it will be a safe haven for anyone facing discrete evidentiary issues and looking for answers to fundamental or actual questions including as to privileges, confidentiality, virtual hearings or data protection.” Professor Filip De Ly, Chair of the ILA International Commercial Arbitration Committee

International Investment Dispute Awards

Author : Esra Yildiz Üstün
Publisher : Taylor & Francis
ISBN 13 : 1000568091
Total Pages : 135 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis International Investment Dispute Awards by : Esra Yildiz Üstün

Download or read book International Investment Dispute Awards written by Esra Yildiz Üstün and published by Taylor & Francis. This book was released on 2022-04-19 with total page 135 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how international investment arbitral awards can be facilitated. It sets out to achieve a fuller conceptualisation and theorisation of awards through a discussion of relevant issues and themes, as well as demonstrating how they can be achieved through a comparative approach that has been conceived and developed with reference to existing deficiencies in the research literature. This contribution is particularly important given the worldwide emergence of investment arbitration as a powerful form of alternative dispute resolution (ADR). The book ultimately seeks to explore and develop solutions that can be directed to an existing oversight and deficit within the international investment architecture. In considering the advantages and disadvantages of each ‘solution’, it will work towards an approach best-suited to upholding the interest of the victorious party at the enforcement stage. The enforcement of arbitral awards on a voluntary basis has proven to be insufficient, and this created a real and ongoing shortcoming that needs to be addressed. International Investment Dispute Awards: Facilitating Enforcement therefore seeks to directly influence existing practice on the part of international institutions, with the intention of helping to develop a more effective resolution. The readerships for this book will include arbitration practitioners, policy-makers (including treaty drafters), academics and postgraduate students interested in the enforcement of investment arbitral awards.

Islamic Law and International Commercial Arbitration

Author : Maria Bhatti
Publisher : Routledge
ISBN 13 : 042988821X
Total Pages : 290 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Islamic Law and International Commercial Arbitration by : Maria Bhatti

Download or read book Islamic Law and International Commercial Arbitration written by Maria Bhatti and published by Routledge. This book was released on 2018-09-27 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the intersection between contemporary International Commercial Arbitration and Shari?a law in order to determine possible tensions that may arise between the two systems. It develops evidentiary and procedural rules under Shari?a, as well as examining the consequences of stipulating qualifications of arbitrators based on gender and/or religion. The author extensively analyses the prohibition against interest (riba) and uncertainty (gharar) under Shari?a and its impact on arbitration agreements, arbitral awards and public policy. The book also explores the prohibition against riba in light of international conventions, such as the United Nations Convention on Contracts for the International Sale of Goods. Case studies in the book include the Asian International Arbitration Centre, formerly the Kuala Lumpur Regional Centre for Arbitration, and the International Islamic Centre for Reconciliation and Arbitration, as well as the ‘Shari’a Standards’ developed by the Accounting and Auditing Organization for Islamic Financial Institutions. The book will be a valuable resource for academics, students and practitioners working in the areas of Islamic law and the Islamic finance industry.

Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea

Author : Jonatan Echebarria Fernández
Publisher : Taylor & Francis
ISBN 13 : 1000297497
Total Pages : 160 pages
Book Rating : 4.0/5 (2 download)

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Book Synopsis Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea by : Jonatan Echebarria Fernández

Download or read book Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea written by Jonatan Echebarria Fernández and published by Taylor & Francis. This book was released on 2021-03-09 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jurisdiction and Arbitration Agreements in Contracts for the Carriage of Goods by Sea focuses on party autonomy and its limitations in relation to jurisdiction and arbitration clauses included in contracts for the carriage of goods by sea in case of any cargo dispute. The author takes the perspective of the shipping companies and the shipowners, as these are the driving forces of the shipping industry due to their strategic importance. The book provides an analysis of the existing law on the recognition and validity of jurisdiction and arbitration clauses in the contracts for the carriage of goods by sea. The author also seeks to provide conclusions and to learn lessons for the future of the non-recognition and the non-enforcement of the clauses in the existing fragmented legal framework at an international, European Union, and national level (England & Wales and Spain). The interface between the different legal regimes reveals the lack of international harmonisation and the existence of ‘forum shopping’ when a cargo interest sues the shipowner or the party to whom the shipowner charters the vessel. This concise book provides a useful overview of existing research, for students, scholars and shipping lawyers

International Commercial Arbitration

Author : Giuditta Cordero-Moss
Publisher : Cambridge University Press
ISBN 13 : 1107033489
Total Pages : 454 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis International Commercial Arbitration by : Giuditta Cordero-Moss

Download or read book International Commercial Arbitration written by Giuditta Cordero-Moss and published by Cambridge University Press. This book was released on 2013-03-14 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: Highlights specific features of various international commercial arbitration forms, thus enabling lawyers drafting arbitration clauses to make informed choices.

Private International Law and Arbitral Jurisdiction

Author : Faidon Varesis
Publisher : Taylor & Francis
ISBN 13 : 100081520X
Total Pages : 278 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Private International Law and Arbitral Jurisdiction by : Faidon Varesis

Download or read book Private International Law and Arbitral Jurisdiction written by Faidon Varesis and published by Taylor & Francis. This book was released on 2022-12-23 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.