| Description |
1 online resource (446 pages) |
| Series |
Pocketbooks of The Hague Academy of International Law = Les livres de poche de l'Académie de Droit international de La Haye ; volume 47 |
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Pocketbooks of the Hague Academy of International Law.
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| Contents |
Setting the stage : uniform law -- Forum shopping : what, why, why not? -- Why international uniform substantive law conventions cannot prevent forum shopping : the convention-extrinsic reasons -- Why international uniform substantive law conventions cannot prevent forum shopping : the need to resort to private international law as a convention-intrinsic reason -- Further convention-intrinsic forum shopping reasons : limitations as to scope, reservations, opt-outs and diverging interpretations |
| Summary |
"According to some commentators, forum shopping is an "evil" that must be eradicated. It has been suggested that the unification of substantive law through international conventions constitutes one way to achieve this outcome. This book shows that the drafting of uniform substantive law convention cannot prevent forum shopping. The reasons are classified into two main categories: convention-extrinsic and convention-intrinsic reasons. The former category comprises those reasons upon which uniform substantive law conventions do not have an impact at all. These reasons range from the costs of access to justice to the bias of potential adjudicators to the enforceability of judgments. The convention-intrinsic reasons, on the other hand, are reasons that relate to the nature and design of uniform substantive law conventions, and include their limited substantive and international spheres of application as well as their limited scope of application, the need to provide for reservations, etc. This book also focuses on another reason why forum shopping cannot be overcome: the impossibility of ensuring uniform applications and interpretations of the various uniform substantive law conventions"-- Provided by publisher |
| Notes |
Full text of the General Course published in January 2021 in the "Recueil des cours", vol. 413 |
| Bibliography |
Includes bibliographical references |
| Notes |
Online resource; title from PDF title page (Brill, viewed on May 19, 2022) |
| Subject |
Forum shopping.
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Jurisdiction.
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International commercial arbitration.
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Law -- International unification.
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Forum shopping
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International commercial arbitration
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Jurisdiction
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Law -- International unification
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| Form |
Electronic book
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| ISBN |
9004502920 |
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9789004502925 |
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