Private International Law and Arbitral Jurisdiction

International commercial arbitration and litigation are competing fora,fields of law,or markets,with jurisdictional issues at the forefront. This book reconciles theory and practice,providing 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 an in-depth engagement with the theoretical literature with a close examination of its practical consequences. It utilises contemporary theories in private international law to propose a coherent model of regulating arbitral jurisdictions that promotes autonomy and freedom of the parties.

Format: Hardback
Length: 238 pages
Publication date: 23 December 2022
Publisher: Taylor & Francis Ltd

International commercial arbitration and litigation are frequently viewed as competing forums, fields of law, or markets. This intersection is most pronounced at the jurisdictional stage of any proceedings. The analysis of jurisdictional issues at the forefront of an arbitration has traditionally been limited to a descriptive examination of the law and jurisprudence, treating jurisdictional intersections almost in a mechanistic manner. However, these are not mere mechanical rules; they pertain to fundamental notions of authority, sovereignty, their origins, and their allocation. At the same time, it is essential to acknowledge the pragmatic and practical dominance of party autonomy when considering the normative and theoretical foundations of any model for addressing these issues.

This book goes beyond an analysis of arbitration and jurisdiction clauses to reconcile theory and practice, providing an underlying theoretical framework to explain and regulate jurisdictional intersections at the early stages of an arbitration from a private international law perspective. It combines a deep engagement with the theoretical literature with 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 standpoint, it employs contemporary theories in private international law to propose a coherent model of regulating arbitral jurisdictions that promotes autonomy and freedom of the parties at this stage.

To demonstrate the practical application of the theoretical model and provide a basis for a potential future top-down or bottom-up approach of adopting the proposed model, the book includes a succinct and practical codification.

In conclusion, this book offers a comprehensive and innovative approach to regulating jurisdictional intersections at the early stages of an arbitration, combining theoretical insights with practical considerations. It provides a valuable resource for practitioners, scholars, and policymakers interested in advancing the field of international arbitration and dispute resolution.

Weight: 518g
Dimension: 162 x 240 x 22 (mm)
ISBN-13: 9781032205359