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Kluwer Law International Early Determination of Jurisdiction (International Arbitration Law Library)

Name: Early Determination of Jurisdiction (International Arbitration Law Library)
Brand: Kluwer Law International
Price: 157.0 GBP
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Description

The interpretation and application of the competence-competence principle are not uniform across jurisdictions. Conflicting approaches – to the extent, effects, and consequences of permitting an arbitral tribunal to decide on its own jurisdiction and the proper timing for judicial involvement – rest upon significant theoretical and policy concerns that have practical implications. Focusing on Article 8(1) of the UNCITRAL Model Law on International Commercial Arbitration, this book thoroughly examines a question of timing: whether national courts should (or could) conclusively settle jurisdictional disputes before or after the arbitrators have determined jurisdiction. Article 8(1) of the Model Law is analysed according to its interplay with other provisions of the same instrument and the New York Convention. As a nuanced, deeply informed approach to interpreting national arbitration statutes that adopt the UNCITRAL Model Law, this book will help practitioners and judges approach judicial disputes over arbitral jurisdiction with full awareness of applicable rules and principles in an arbitration-friendly fashion. It provides matchless guidance through the intricacies of early determination of jurisdiction by balancing the legitimacy, efficacy, and efficiency of arbitration. For academics and policymakers, it will contribute to an ongoing paradigm shift away from state law and methodological nationalism towards transnational legal pluralism.

Product Specifications

Brand: Kluwer Law International
Format: hardcover
ASIN: 9403502681
Category: Books > Subjects > Business, Finance & Law > Law > International
Domain: Amazon UK
Release Date: 04 March 2024
Listed Since: 09 May 2024

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Kluwer Law International Early Determination of Jurisdiction (International Arbitration Law Library)

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