ISBN:
1316603482
,
9781316603482
,
9781107035966
Language:
English
Pages:
XLII, 320 Seiten
Series Statement:
Cambridge studies in international and comparative law 105
Series Statement:
Cambridge studies in international and comparative law
Dissertation note:
Teilw. zugl.: Genf, Graduate Institute of International and Development Studies, Diss., 2011
DDC:
347/.012
Keywords:
International courts
;
Commercial courts
;
Forum shopping
;
Jurisdiction (International law)
;
International courts
;
Commercial courts
;
Forum shopping
;
Jurisdiction (International law)
;
LAW / International
;
Hochschulschrift
;
Forum Shopping
;
Internationale Gerichtsbarkeit
Abstract:
"Forum shopping, which consists of strategic forum selection, parallel litigation and serial litigation, is a phenomenon of growing importance in international adjudication. Preliminary objections (or a party's placement of conditions on the existence and development of the adjudicatory process) have been traditionally conceived as barriers to adjudication before single forums. This book discusses how adjudicators and parties may refer to questions of jurisdiction and admissibility in order to avoid conflicting decisions on overlapping cases, excessive exercises of jurisdiction and the proliferation of litigation. It highlights an emerging, overlooked function of preliminary objections: transmission belts of procedure-regulating rules across the 'international judiciary'. Activating this often dormant, managerial function of preliminary objections would nurture coordination of otherwise independent and autonomous tribunals"--
Abstract:
"Forum shopping, which consists of strategic forum selection, parallel litigation and serial litigation, is a phenomenon of growing importance in international adjudication. Preliminary objections (or a party's placement of conditions on the existence and development of the adjudicatory process) have been traditionally conceived as barriers to adjudication before single forums. This book discusses how adjudicators and parties may refer to questions of jurisdiction and admissibility in order to avoid conflicting decisions on overlapping cases, excessive exercises of jurisdiction and the proliferation of litigation. It highlights an emerging, overlooked function of preliminary objections: transmission belts of procedure-regulating rules across the 'international judiciary'. Activating this often dormant, managerial function of preliminary objections would nurture coordination of otherwise independent and autonomous tribunals"--
Description / Table of Contents:
Machine generated contents note: Introduction; 1. The rise of 'forum shopping' in international adjudication; 2. The promise and limits of 'proceduralism' to address forum shopping; 3. On preliminary questions and objections; 4. The source and contours of international tribunals' powers to rule on preliminary objections; 5. Jurisdiction and admissibility; 6. International tribunals' discretion to (not) exercise jurisdiction and forum shopping; 7. Principles and rules permitting coordination through the prism of preliminary objections; 8. Conclusion.
Note:
Based on author's dissertation (doctoral) -- Graduate Institute of International and Development Studies (Geneva, Switzerland), 2011
,
Includes bibliographical references and index
,
Hier auch später erschienene, unveränderte Nachdrucke
Permalink
