지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
As with exclusive jurisdiction agreements, commercial parties may choose a neutral seat of arbitration on the basis that the arbitration are very specialized and experienced in maritime matters, have a speedy and effective procedure for arbitration, a good reputation for integrity and are effectively supported by an efficient court system. The choice of seat may indicate the court system which will support those arbitration proceedings, for example, in relation to any right of appeal from the arbitral award.
The lack of an interface between the EC Jurisdiction Regulation and the 1958 New York Convention has led to the granting of anti-suit injunctions by the English court to restrain a party from pursuing proceedings in breach of a London arbitration agreement. The European Court of Justice has held that it is not consistent with the EC Jurisdiction Regulation to grant such an injunction to restrain a party from pursuing proceedings in the courts of an EU Member State, but such a remedy is still available where the proceedings are in the courts of a non-Member State.
Chapter 15 (Arbitration) of the Rotterdam Rules does not address the issue of which tribunal to determine the validity of arbitration agreement. This can lead to very significant problems as it may result in parallel arbitration and court proceedings with the possibility of a conflicting arbitration award and court judgment with difficulties as to enforcement.
#국제상사중재와 국제소송의 경합
#병행중재
#중재지
#중재지 합의
#중재합의의 유효성
#소송유지명령
#중재판정과 법원판결의 모순 가능성
#자기권한심사의 원칙
#대량정기화물운송계약
#transnational lis alibi pendens on international commercial arbitration
#parallel arbitration
#seat of arbitration
#choice of seat agreement
#the validity of arbitration agreement
#anti-suit injunctions
#the possibility of a conflicting arbitration award and court judgment
#principle of competence-competence
#volume contract)
목차
등록된 정보가 없습니다.
참고문헌 (42)
참고문헌 신청
Baatz, Yvonne / 2010 / The Carriage of Goods by Sea under the Rotterdam Rules Editted by D. Rhidian Thomas / Lloyd's List
Born, Gary B. / 2001 / International Commercial Arbitration Vol. Ⅰ / Wolters Kluwer Law & Business
Gaillard, Emmanuel / 2005 / Anti-Suit Injunctions in International Arbitration / Juris Net Llc
Hartley, Trevor C. / 2009 / International Commercial Litigation ? Text, Cases and Materials on Private International Law
Herber, Rolf / 2002 / Jurisdiction and Arbitration / LMCLQ
Born, Gary B. / 2001 / International Commercial Arbitration Vol. Ⅰ / Wolters Kluwer Law & Business
Gaillard, Emmanuel / 2005 / Anti-Suit Injunctions in International Arbitration / Juris Net Llc
Hartley, Trevor C. / 2009 / International Commercial Litigation ? Text, Cases and Materials on Private International Law
Herber, Rolf / 2002 / Jurisdiction and Arbitration / LMCLQ
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