Arbitration and jurisdiction agreements are frequently used in transnational commercial contracts to reduce risk, gain efficacy and acquire certainty and predictability. Because of the similarities between these two types of procedural autonomy agreements, they are often treated in a similar way by courts and practitioners.
This book offers a comprehensive study of the prerequisites, effectiveness, and enforcement of exclusive jurisdiction and arbitration agreements in international dispute resolution. It examines whether jurisdiction and arbitration clauses have identical effects in private international law and whether they have been or should be given the same treatment by most countries in the world. By comparing the treatment of these clauses in the US, China, UK and EU, Zheng Sophia Tang demonstrates how, in practice, exclusive jurisdiction and arbitration agreements are enforced. The book considers whether the Hague Convention on Choice of Court Agreements could be treated as a litigating counterpart to the New York Convention, and whether it could work successfully to facilitate judicial cooperation and party autonomy in international commerce.
This book breaks new ground in combining updated materials in EU, US and UK law with unique resources on Chinese law and practice. It will be valuable for academics and practitioners working in the field of private international law and international arbitration.
1. Procedural Autonomy in International Commerce 2. Prerequisites: Contractual Issues 3. Preliminary Requirements: Which Forum Decides? 4. Enforceability of Jurisdiction and Arbitration Agreements 5. Supporting Party Autonomy: LisPendens, Forum Non Conveniens and Anti-Suit/Anti-Arbitration Injunctions 6. Conflicts of Jurisdiction and Party Autonomy in Europe 7. The Future of the Hague Choice of Court Convention: A Litigating Counterpart of the New York Convention?