Forum Shopping in the International Commercial Arbitration Context / / ed. by Franco Ferrari.

• Superior document: Title is part of eBook package: De Gruyter DGBA Backlist Complete English Language 2000-2014 PART1
• MitwirkendeR: Bermann, George A.,; Boog, Christopher,; Coe, Jack J.,; De Ly, Filip,; Di Pietro, Domenico,; Fellas, John,; Ferrari, Franco,; King, D. Brian,; Layton, Alexander,; Mistelis, Loukas,; Moloo, Rahim,; Rutledge, Peter B.,; Scherer, Maxi,; Silberman, Linda,; Simowitz, Aaron D.,; Smit, Robert H.,
• HerausgeberIn: Ferrari, Franco,
• Place / Publishing House: Munich : : Otto Schmidt/De Gruyter european law pub, , [2013]; ©2013
• Year of Publication: 2013
• Language: English
• Physical Description: 1 online resource (458 p.)

For many, "forum shopping" is a term with disparaging connotations, indicating something "evil". That is why various policies against forum shopping exist, both on a domestic and an international level. As for the reasons adduced in justification of this anti-forum shopping stance, they include the assertion that forum shopping goes against the principle of consistency of outcomes, that it overburdens certain courts and creates unnecessary expenses. May a litigant pursue the most favorable, rather than the simplest or closest, forum? To what extent is forum shopping relevant in the international commercial arbitration context? The contributions published in this book, written by renowned authors, provide answers to these and more questions.

Table of Contents

Frontmatter -- Preface -- List of Contributors -- Table of Contents -- Forum Shopping in the International Commercial Arbitration Context: Setting the Stage -- A U.S. Perspective on Forum Shopping, Ethical Obligations, and International Commercial Arbitration -- Forum Shopping and the Determination of the Place of Arbitration -- Forum Shopping at the „Gateway“ to International Commercial Arbitration -- Anti-arbitration Injunctions and Anti-suit Injunctions: An Anglo-European Perspective -- Enforcing Orders Against Third Parties (and Parties) for the Taking of Evidence in International Arbitration -- Interim Measures – Relevance of the Courts at the Place of Arbitration and Other Places -- Courts and the Constitution of the Arbitral Tribunal: A Comparative Analysis of Standards of Arbitrator Independence and Impartiality -- Forum Shopping in International Arbitration – Forum Non Conveniens and Lack of Personal Jurisdiction -- Setting Aside of Arbitral Awards and Forum Shopping in International Arbitration: Delocalization, Party Autonomy and National Courts in Post-Award Review -- Forum Shopping and Enforcement of Foreign Arbitral Awards: Notes on Public Policy -- Forum Shopping and Post-Award Judgments -- Making Remission and Other “Curative” Mechanisms Part of the Forum Shopping Conversation – A View from the U.S. with Comparative Notes. -- Enforcement after the Arbitration: From National Courts to Public International Law Fora -- Backmatter