Jurisdiction and Arbitration Agreements and their Enforcement

The new edition of this leading work offers a comprehensive treatment of jurisdiction and arbitration agreements in commercial contracts, and the enforcement of consequent judgements. It incorporates discussion of the latest cases and changes to international conventions, alongside practical advice on the problems that can arise in this field.

Remedies including stay, anti-suit injunctions, resolution of clash of jurisdictions and the enforcement of judgments are assessed from both the EU and common law perspectives, making this title invaluable to those practicing in Commercial Litigation and Arbitration in England and Wales or in a range of common law jurisdictions notably Singapore and Hong Kong.

An authority on arbitration, key features of this title include:

• Gives detailed guidance on the validity, scope, construction and incorporation of jurisdiction and arbitration agreements into contracts
• Offers detailed advice on how to resolve problems that can arise in the enforcement of agreements
• Looks at all aspects of enforcement, from the grant of stay to injunctive and declaratory relief and an action for damages
• Contains precedents relating to anti-suit injunctions and declaratory relief
• Includes coverage of multi-tier resolution clauses
• Includes a detailed exploration of the Brussels I Regulation Recast in force from January 2015, discussing its meaning and implications
  Includes detailed exploration of the Hague Convention on Exclusive Choice of Court Agreements in force as of October 2015 and the interface with the Brussels I Regulation Recast and Lugano Conventions
• Covers precedents arising from implementation of the 2010 Lugano Convention
• Considers the many decisions of English and European courts in this field since the previous edition including the Gazprom decision
• Features an expanded section on interim relief granted by arbitral tribunals covering the latest jurisprudence in investment treaty arbitration
• Discusses the issues from both EU and common law perspectives, ensuring the work is relevant to those practicing in a wide range of jurisdictions

This new edition features commentary and discussion of significant developments including:

• A detailed exploration of the new Brussels Regulation Recast, its impact and implication both with regard to the enforcement of jurisdiction and arbitration agreements and parallel litigation
• Full treatment of Hague Convention on Exclusive Choice of Court Agreements and how it is to be applied alongside the Brussels Regulation Recast and Lugano II Convention
• Full treatment of the Gazprom decision and the scope for grant of anti-suit injunctions in the light of the decision and the new Regulation
• Greatly expanded treatment of the coverage of challenge to and enforcement of arbitral awards including the Astro v FM litigation
• Full treatment of the Supreme Court decisions inter alia in Ust-Kamenogorsk Hydropower Plant JSC v AES Ust-Kamenogorsk Hydropower Plant LLP; NML Capital v Argentina; VTB Capital plc v Nutritek International Corporation; Dallah Real Estate and Tourism Holding Co v Ministry of Religious Affairs of the Government of Pakistan
• Expanded treatment of the enforcement of assymetric; exclusive and non-exclusive jurisdiction agreements
• Expanded treatment of the governing law of the jurisdiction agreement and the Court of Appeal decision in Sul America
• Notation of more than 350 further cases in the field 
• Expanded treatment of the enforcement of arbitration agreement against States
• Expanded treatment of the enforcement of judgments
• Expanded treatment of claims for damages
  

1. Introduction
2. Overview of the European Framework
3. Formal Requirements of Jurisdiction, Arbitration and Mediation Agreements
4. The Nature and Construction of Jurisdiction and Arbitration Agreements and Resolving Potential Conflict Between Agreements
5. Incorporation of Jurisdiction and Arbitration Agreements
6. Choice of Law and Dispute Resolution Agreements
7. Parties to the Dispute Resolution Agreement: Who is bound and Who can enforce?
8. Relationship with International Convention
9. Commencement of Proceedings or Arbitration and Service out of the Jurisdiction
10. Stay and Declining Jurisdiction (Jurisdiction Agreements)
11. Stay (Arbitration Agreements)
12. Restraining Injunctions and Orders
13. Declaratory Relief and Challenges to Arbitrator’s Ruling on Jurisdiction Damages
14. Enforcement of Judgments
15. Enforcement of Awards
16. International Arbitration against States
17. The Enforcement of Multi-tier clauses and Provision of ADR Appendices

David Joseph QC of Essex Court Chambers has acted in a broad range of general commercial disputes in the English courts and is now recognized as one of the leading practitioners in the field of international arbitration.

He has appeared in many of the leading cases in the field of international arbitration both in England and in the courts of Hong Kong, Singapore and the Caribbean. He has acted for the award creditors in the long running litigation of Astro v FM and others.  He has acted and appeared as Counsel in a numerous complex and lengthy LCIA, ICC, UNCITRAL and other ad hoc arbitrations in London and overseas.

He has also acted in a number of actions giving rise to complex issues as to jurisdiction and the grant of interlocutory relief including anti-suit injunction, e.g. Lee Kui Jak v Aerospatiale.

He is also co -author and editor together with David Foxton QC of Singapore International Arbitration, Law and Practice, Lexis Nexis (2014).