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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll