Jurisdictional Choices in Times of Trouble - Institute Dossier XII, Insitute Series

No. @755E

ISBN : 978-92-842-0359-8

The choice of jurisdiction is one of the most important provisions of a contract. The jurisdiction clause determines the national Court, and its rules of conflict, or the arbitral tribunal, whose role will be to give effect to the parties' agreement on the substance and on the applicable law. Written by arbitrators, academics and practitioners, this dossier addresses the multiple challenges facing the jurisdiction clause through an expert in-depth comparison of syndromes and proposed solutions in both arbitration and court proceedings. 

  • Are asymmetrical jurisdiction clauses enforceable?
  • What is the proper law for the arbitration clause?
  • What occurs in countries where the validity of the arbitration agreement is determined pursuant to a substantive approach rather than one of conflict of laws?
  • Is there a risk that The Hague Convention on choice of court agreements will create a conflict with the current substantive law and increase ex ante uncertainty?

These challenging questions and many others in relation to the effectiveness of jurisdictional choices are covered in this Dossier.

Code ISBN : 978-92-842-0359-8
Number of pages : 233
Publishing date : 2015
Language : English
Format in cm : 16*23.9

Editor’s note

Foreword

Introduction

Guidance on Incoterms® 2010 Rules for Any Mode or Modes of Transport

1.    >> EX WORKS

2.    >> FREE CARRIER

3.    >> CARRIAGE PAID TO

4.    >> CARRIAGE AND INSURANCE PAID TO

5.    >> DELIVERED AT TERMINAL

6.    >> DELIVERED AT PLACE

7.    >> DELIVERED DUTY PAID

Guidance on Incoterms® 2010 Rules for Sea and Inland Waterway Transport

1.    >> FREE ALONGSIDE SHIP

2.    >> FREE ON BOARD

3.    >> COST AND FREIGHT

4.    >> COST INSURANCE AND FREIGHT

Note on Insurance

Appendix

Règles Incoterms® 2010

ICC at a Glance

ICC International Business Tools

Co-editors: Georges Affaki, Horacio Grigera Naon.

Georges Affaki Independent Arbitrator; Avocat à la Cour, France; Council Member, ICC Institute of World Business Law. Georges Affaki is admitted to practice before the Court of Appeal of Paris. He chairs the Legal Committee of the ICC Banking Commission and is is President-elect of ICC France Banking Commission. He also serves as Governor of the UNIDROIT Foundation. Marie-Elodie Ancel Professor of Law, University Paris-Est Créteil Val de Marne (UPEC), France Diego P. Fernández Arroyo Professor, Sciences Po Law School, France Anton Asoskov Lecturer, Lomonosov Moscow State University; Professor, Russian School of Private Law; Independent Arbitrator, Russian Federation Marie Berard Partner, Clifford Chance LLP, United Kingdom Carlos Alberto Carmona Partner, Marques Rosado Toledo Cesar & Carmona Advogados, Brazil; Professor of Civil Procedure Law, São Paulo University Gilles Cuniberti Professor of Private International Law and Comparative Law, University of Luxembourg Yves Derains Founding Partner, Derains & Gharavi, France; Former Secretary General, ICC International Court of Arbitration; Chairman, ICC Institute of World Business Law

Horacio Grigera Naón Independent Arbitrator, United States; Former Secretary General, ICC International Court of Arbitration; Council Member, ICC Institute of World Business Law Julian D. M. Lew, QC Professor and Head, School of International Arbitration, Queen Mary, University of London; Barrister, 20 Essex Street Chambers, United Kingdom; Council Member, ICC Institute of World Business Law Eric Loquin Professor, University of Burgundy, France; Honorary Dean, Law Faculty of Dijon Arnaud Nuyts Partner, Liedekerke, Belgium; Professor, University of Brussels (ULB) Paolo Michele Patocchi Partner, Patocchi & Marzolini, Switzerland Alan Rau Mark G. & Judy G. Yudof Chair in Law, University of Texas at Austin School of Law, United States Maxi Scherer Special Counsel at Wilmer Cutler Pickering Hale and Dorr LLP in London; Senior Lecturer in International Arbitration and Energy at Queen Mary, University of London François-Xavier Train Professor of Law, University Paris 10, France Laurence Usunier Professor, University Paris 13, France