THE POWERS OF THE ENGLISH COURT TO SUPPORT AN ARBITRATION IN “FOREIGN SEAT” AND “NO SEAT” CASES

Kapitel in diesem Buch

1. Frontmatter i
2. TABLE OF CONTENTS vii
3. FOREWORD xi
4. ABBREVIATIONS xiii
5. DOCTRINE
6. MULTIPLE NATIONALITIES AND EU PRIVATE INTERNATIONAL LAW 1
7. PARALLEL LITIGATION: IS CONVERGENCE POSSIBLE? 21
8. PRIVATE INTERNATIONAL LAW TOPICS BEFORE THE EUROPEAN COURT OF HUMAN RIGHTS 37
9. THE POWERS OF THE ENGLISH COURT TO SUPPORT AN ARBITRATION IN “FOREIGN SEAT” AND “NO SEAT” CASES 51
10. BORDER SKIRMISHES BETWEEN COURTS AND ARBITRAL TRIBUNALS IN THE EU: FINALITY IN CONFLICTS OF COMPETENCE 91
11. CONFLICT OF LAWS IN EMISSIONS TRADING 145
12. THE CISG BEFORE THE COURTS OF NON-CONTRACTING STATES? TAKE FOREIGN SALES LAW AS YOU FIND IT 165
13. EUROPEAN FAMILY PRIVATE INTERNATIONAL LAW
14. THE PROPOSAL FOR A COUNCIL REGULATION ON THE PROPERTY CONSEQUENCES OF REGISTERED PARTNERSHIPS 183
15. THE EU PROPOSAL ON MATRIMONIAL PROPERTY REGIMES 199
16. THE INTERACTION AMONG THE FUTURE EU INSTRUMENTS ON MATRIMONIAL PROPERTY, REGISTERED PARTNERSHIPS AND SUCCESSIONS 217
17. THE COORDINATION OF THE EU REGULATIONS ON DIVORCE AND LEGAL SEPARATION WITH THE PROPOSAL ON MATRIMONIAL PROPERTY REGIMES 233
18. MATRIMONIAL MATTERS AND THE HARMONIZATION OF CONFLICT OF LAWS: A WAY TO REDUCE THE ROLE OF PUBLIC POLICY AS A GROUND FOR NON-RECOGNITION OF JUDGMENTS 255
19. APPLICATION OF FOREIGN LAW
20. HARMONIZATION OF PRIVATE INTERNATIONAL LAW IN EUROPE AND APPLICATION OF FOREIGN LAW: THE “MADRID PRINCIPLES” OF 2010 273
21. A PROPOSED MODEL TO FACILITATE ACCESS TO FOREIGN LAW 299
22. NEWS FROM BRUSSELS
23. THE EU OPTIONAL INSTRUMENT: ABSORBING THE PRIVATE INTERNATIONAL LAW IMPLICATIONS OF A COMMON EUROPEAN SALES LAW 315
24. NEWS FROM ROME
25. UNIDROIT'S RECENT WORK: AN APPRAISAL 345
26. NATIONAL REPORTS
27. NEW PROVISIONS ON INTERNATIONAL JURISDICTION OF JAPANESE COURTS 367
28. INTRODUCTION TO THE NEW POLISH ACT ON PRIVATE INTERNATIONAL LAW OF 4 FEBRUARY 2011 381
29. CODIFICATION AND CONSOLIDATION OF DUTCH PRIVATE INTERNATIONAL LAW: THE BOOK 10 CIVIL CODE OF THE NETHERLANDS 389
30. AN OVERVIEW OF THE PRIVATE INTERNATIONAL LAW OF IRAN: THEORY AND PRACTICE (Part Two) 413
31. APPLICATION OF THE EU PRIVATE INTERNATIONAL LAW INSTRUMENTS IN BULGARIA 443
32. TRUSTS AND THE PRINCIPALITY OF MONACO 467
33. COURT DECISIONS
34. DEFAMATION ON THE INTERNET, FORUM DELICTI AND THE E-COMMERCE DIRECTIVE: SOME COMMENTS ON THE ECJ JUDGMENT IN THE eDATE CASE 483
35. The ECJ eDATE DECISION: A CASE COMMENT 493
36. EXCLUSIVE JURISDICTION UNDER ART. 22(2) OF THE BRUSSELS I REGULATION: THE ECJ DECISION BERLINER VERKEHRSBETRIEBE v JPMORGAN CHASE BANK (C-144/10) 507
37. MEDICAL MALPRACTICE AND CONFLICT OF LAWS: TWO RECENT JUDGMENTS BY THE GERMAN FEDERAL COURT OF JUSTICE 523
38. THE RISKS OF APPARENT BIAS WHEN AN ARBITRATOR ACTS AS A MEDIATOR 535
39. FORUM
40. THE RELATIONSHIP BETWEEN EU LAW AND PRIVATE INTERNATIONAL LAW REVISITED: OF DIAGONAL CONFLICTS AND THE MEANS TO RESOLVE THEM 557
41. CROSS-BORDER CREDIT PROTECTION AGAINST FRAUDULENT TRANSFERS OF ASSETS 589
42. TEXTS, MATERIALS AND RECENT DEVELOPMENTS
43. THE NEW POLISH ACT ON PRIVATE INTERNATIONAL LAW OF 4 FEBRUARY 2011 641
44. DUTCH CIVIL CODE BOOK 10 – ON THE CONFLICT OF LAWS (19 MAY 2011) 657
45. INDEX 695