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18 March 2016 / Louis Flannery KC
Issue: 7691 / Categories: Features
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Book review: Jurisdiction and Arbitration Agreements and their Enforcement

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"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

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MOVERS & SHAKERS

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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