Biographies of Editors xix
Biographies of Contributors xxi
Foreword xxix
Preface xxxi
Table of Cases xxxiii
Table of Legislation xxxv
PART 1 ARBITRATION AND OTHER DISPUTE RESOLUTION MECHANISMS
CHAPTER 1 “INDISPUTABLY DUE”. AN EXPRESS POWER FOR SUMMARY PROCEDURES IN LONDON MARITIME ARBITRATION? 3
David William Steward
CHAPTER 2 INTERIM ORDERS AND EMERGENCY ARBITRATORS IN MARITIME ARBITRATION 11
Karen Maxwell
CHAPTER 3 THE COURT’S OVERSIGHT OF ARBITRATION AND CHALLENGING JURISDICTION 25
Ruth Hosking
CHAPTER 4 DIGITALISATION, PRE-ACTION PROTOCOLS, ALTERNATIVE DISPUTE RESOLUTION, AND THE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES 41
Masood Ahmed
CHAPTER 5 RESOLVING AIRLINE PASSENGER DISPUTES BY ALTERNATIVE DISPUTE RESOLUTION METHODS: AN APPRAISAL OF THE UK SYSTEM 59
George Leloudas
PART 2 JURISDICTION-RELATED ISSUES, OTHER REMEDIES, AND THE POSITION OF THIRD PARTIES
CHAPTER 6 ANTI-SUIT INJUNCTIONS IN INTERNATIONAL LITIGATION: TWO IMPORTANT NICHE ISSUES 77
Andrew Tettenborn
CHAPTER 7 JURISDICTION AND ENFORCEMENT OF JUDGMENTS IN THE EU – THE UK JUDICIAL SPACE POST-BREXIT 89
Francesco Munari
CHAPTER 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 101
Simon Baughen
CHAPTER 9 GA: LONDON – AN EXAMINATION OF THE JURISDICTIONAL BASES FOR CLAIMS IN GENERAL AVERAGE 121
Richard Sarll
CHAPTER 10 THE 2005 CHOICE OF COURT CONVENTION – ACCOMPLISHMENTS AND PERSPECTIVES 137
Marta Pertegás Sender
CHAPTER 11 NAVIGATING PARALLEL PROCEEDINGS: THE HAGUE JUDGMENTS CONVENTION AND NON-EXCLUSIVE (ASYMMETRICAL) JURISDICTION AGREEMENTS 145
Aygün Mammadzada
PART 3 CHOICE OF LAW – APPLICABLE LAW ISSUES
CHAPTER 12 THE ROME CONVENTION ON THE LAW APPLICABLE TO CONTRACTUAL OBLIGATIONS – PAST, PRESENT, AND FUTURE 161
John A. Kimbell
CHAPTER 13 THE CHALLENGES AND LIMITATIONS OF CHOICE OF LAW CLAUSES IN INTERNATIONAL COMMERCIAL AGREEMENTS 173
Daniel Wand
CHAPTER 14 METHODOLOGICAL VARIATIONS IN DETERMINING APPLICABLE LAWS IN INTERNATIONAL COMMERCIAL ARBITRATION: A COMPREHENSIVE ANALYSIS 189
Patricia Živković
Index 211
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.
