Parallel Proceedings in International Arbitration
A Comparative European Perspective
By: Nadja Erk
About This Book
This book depicts and evaluates, in a European context, the pleas and actions which parties may make use of to dissolve the parallel jurisdiction of a national court and an arbitral tribunal. The author undertakes a thorough comparative analysis of the motivations for, and practice of, such pleas and actions with special regard to the major hubs where elaborate arbitration laws are tried and tested by the arbitration community - Germany, France, Switzerland, and England. 0On the basis of four scenarios of parallel proceedings before national courts and arbitral tribunals, the analysis tackles such issues and topics as the following: motivations for initiating parallel proceedings from the various parties' perspectives; remedies available to parties in situations of jurisdictional conflicts; effect of the principle of competence-competence on national courts' review of arbitration agreements; pleas restricting national courts' exercise of jurisdiction to a review of core principles (arbitration defence); self-restraining pleas independent of an arbitration agreement (plea of litispendence); actions for declaratory relief; actions aimed at restraining another court's or tribunal's jurisdiction (anti-suit/anti-arbitration injunctions); pleas invoked to avoid procedural inefficiencies and inconsistencies (plea of res judicata); counsel's duty of care and arbitral tribunal's mandate to issue an enforceable award; and litigation culture versus arbitration-friendliness.
AI Overview
"Parallel Proceedings in International Arbitration: A Comparative European Perspective" by Nadja Erk is a comprehensive legal treatise that explores the complex issues surrounding parallel proceedings in international arbitration. Here is a detailed overview of the book:
Key Themes
Parallel Jurisdiction: The book focuses on the jurisdictional pleas and actions that parties may use to dissolve the parallel jurisdiction of a national court and an arbitral tribunal. It examines the motivations and practices behind these pleas, particularly in major European arbitration hubs like Germany, France, Switzerland, and England.
Comparative Analysis: The author undertakes a thorough comparative analysis of the jurisdictional pleas and actions, highlighting their effectiveness in different European jurisdictions. This includes an evaluation of multinational and supranational conventions, institutional arbitration rules, and the International Law Association’s recommendations.
Relevant Conventions and Laws: The book delves into the applicability of relevant conventions such as the Brussels Regulation, national laws in force, and national courts’ case law, including the European Court of Justice’s rulings on the interface of arbitration and the Brussels Regulation.
Jurisdictional Pleas and Actions: The author analyzes the characteristics of jurisdictional pleas and actions, including their effectiveness from the perspectives of national courts, arbitrators, and parties. This analysis is unique and of significant value to practitioners, corporate counsel, and policymakers.
Plot Summary
The book is structured around four scenarios of parallel proceedings before national courts and arbitral tribunals. It examines the issues and topics related to these proceedings, including:
- The use of jurisdictional pleas to dissolve parallel jurisdiction.
- The effectiveness of these pleas in different European jurisdictions.
- The role of multinational and supranational conventions.
- The impact of institutional arbitration rules and national laws.
- The case law of the European Court of Justice regarding arbitration and the Brussels Regulation.
Critical Reception
While specific reviews are not provided in the sources, the book is described as having no peers in its focus on jurisdictional pleas and actions in international arbitration. It is considered invaluable for practitioners, corporate counsel, and policymakers due to its comprehensive and comparative analysis.
Publication Details
- Author: Nadja Erk
- Publisher: Kluwer Law International B.V.
- Publication Date: May 2014
- ISBN: 9789041152640
The book is a seminal work in the field of international arbitration, offering a detailed and comparative perspective on the complex issues of parallel proceedings. Its thorough analysis and comprehensive coverage make it a crucial resource for anyone involved in international arbitration, particularly in European jurisdictions.