header-logo header-logo

18 March 2016 / Louis Flannery KC
Issue: 7691 / Categories: Features
printer mail-detail

Book review: Jurisdiction and Arbitration Agreements and their Enforcement

001_nlj_7691_book2

"Carry on groping in the dark if you wish; better I think to buy, beg or borrow this text"

Author: David Joseph QC
Publisher: Sweet & Maxwell
ISBN: 9780414034310
Price: £210

The explosive growth in international trade in recent decades shows no signs of slowing—quite the opposite. As the table of cases in David Joseph QC’s brilliant 3rd edition amply demonstrates, the six years since the last iteration have seen an abundant yield of case law, especially from the major common law jurisdictions, all distilled and explained with wonderful clarity in this work. While courts globally have had to grapple with increasingly prolix arbitration and jurisdiction clauses, he has grappled with the grapplers, as well as with the added complexity of the Hague Convention on Choice of Court Agreements and the Brussels Recast Regulation (both introduced in 2015). The halcyon days when a typical forum or arbitration clause might occupy two lines (and their academic treatment no more than a couple of pages) are long gone. It is

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
Digital loot may feel like property, but civil law is not always convinced. In NLJ this week, Paul Schwartfeger of 36 Stone and Nadia Latti of CMS examine fraud involving platform-controlled digital assets, from ‘account takeover and asset stripping’ to ‘value laundering’
Lasting powers of attorney (LPAs) are not ‘set and forget’ documents. In this week's NLJ, Ann Stanyer of Wedlake Bell urges practitioners to review LPAs every five years and after major life changes
back-to-top-scroll