Remedies are vital in commercial litigation. Additionally, in commercial law, parties are usually free to choose the forum and law that will govern their disputes. This book aims to shine the spotlight on these issues and look to several new trends and developments emerging on procedural matters relating to dispute resolution. The discussions range freely over national, international, and EU legal dimensions, and the book also comes at an opportune time, with the post-Brexit jurisdiction landscape becoming more definable.
This edited volume presents contributions from highly expert and experienced academics and practitioners, collectively examining a broad range of areas relating to the complex and time-consuming issues of resolution and jurisdiction of commercial disputes. The book is divided into three parts: arbitration and ADR, jurisdiction and procedure, and choice of law. Key topics featured include summary procedures in London Maritime Arbitration, reformation of the Arbitration Act, challenges to jurisdiction, stay of proceedings, anti-suit injunctions, the EU-UK judicial space post-Brexit, the application of AI to commercial disputes, and choice of law agreements.
Written for lawyers and administrators not only in England and Wales but worldwide - especially Germany, Switzerland, Greece, Canada, Australia, New Zealand, China, Hong Kong, Singapore, and India – the book is also valuable for specialist law libraries in Europe and the US, some specialist maritime law firms in the US, and some university libraries where maritime and shipping law are taught as specialist subjects.
Part 1- Arbitration and Other Dispute Resolution Mechanisms
1. “Indisputably Due.” An Express Power for Summary Procedures in London Maritime Arbitration?
David William Steward
2. Interim Orders and Emergency Arbitrators in Maritime Arbitration
Karen Maxwell
3. The Court’s Oversight of Arbitration and Challenging Jurisdiction
Ruth Hosking
4. Digitalisation, Pre-action Protocols, Alternative Dispute Resolution and the Business & Property Courts of England and Wales
Masood Ahmed
5. Resolving Airline Passenger Disputes by Alternative Dispute Resolution Methods: An Appraisal of the UK System
Professor George Leloudas
Part 2 - Jurisdiction related Issues, Other Remedies and The Position of Third Parties
6. Anti-suit Injunctions in International Litigation: Two Important Niche Problems
Professor Andrew Tettenborn
7. Jurisdiction and Enforcement of Judgements in the EU- The UK Judicial Space Post-BREXIT
Professor Francesco Munari
8. Sailing Round Judgments from EU Member States after Brexit. Time Charters and the “Shipping Company’s” Right of “Pass-through” under the Amended Emissions Trading Directive 2023
Professor Simon Baughen
9. GA: London- An Examination of the Jurisdictional Bases for Claims in General Average
Richard Sarll
10. The 2005 Choice of Court Convention- Accomplishments and Perspectives
Professor Marta Pertegás Sender
11. Navigating Parallel Proceedings: The Hague Judgments Convention and Non-Exclusive (Asymmetrical) Jurisdiction Agreements
Dr Aygün Mammadzada
Part 3 - Choice of Law-Applicable Law Issues
12. The Rome Convention on the Law Applicable to Contractual Obligations- Past, Present and Future
John A. Kimbell KC
13. The Challenges and Limitations of Choice of Law Clauses in International Commercial Agreements
Daniel Wand
14. Methodical Variations in Determining Applicable Laws in International Commercial Arbitration: A Comprehensive Analysis
Dr Patricia Živković
Biography
Professor Barış Soyer is the Director of the Institute of International Shipping and Trade Law (Swansea University) and author/editor of several books published in the fields of maritime and insurance law.
Professor Andrew Tettenborn and Professor George Leloudas, also of the Institute of International Shipping and Trade Law at Swansea University, serve as consulting editors to this book.
