Forum shopping in international adjudication the role of preliminary objections

By:

Salles, Luiz Eduardo

Material type: Text

TextSeries: Cambridge studies in international and comparative lawPublication details: New York cambridge 2014Description: xlii320pISBN:

9781107035966

Subject(s):

DDC classification:

347.12 22 SA-F

LOC classification:

KZ6250 .S25 2014

Contents:

Machine generated contents note: Introduction; 1. The rise of 'forum shopping' in international adjudication; 2. The promise and limits of 'proceduralism' to address forum shopping; 3. On preliminary questions and objections; 4. The source and contours of international tribunals' powers to rule on preliminary objections; 5. Jurisdiction and admissibility; 6. International tribunals' discretion to (not) exercise jurisdiction and forum shopping; 7. Principles and rules permitting coordination through the prism of preliminary objections; 8. Conclusion.

Summary: "Forum shopping, which consists of strategic forum selection, parallel litigation and serial litigation, is a phenomenon of growing importance in international adjudication. Preliminary objections (or a party's placement of conditions on the existence and development of the adjudicatory process) have been traditionally conceived as barriers to adjudication before single forums. This book discusses how adjudicators and parties may refer to questions of jurisdiction and admissibility in order to avoid conflicting decisions on overlapping cases, excessive exercises of jurisdiction and the proliferation of litigation. It highlights an emerging, overlooked function of preliminary objections: transmission belts of procedure-regulating rules across the 'international judiciary'. Activating this often dormant, managerial function of preliminary objections would nurture coordination of otherwise independent and autonomous tribunals"--

Item type:

Tags from this library: No tags from this library for this title. Log in to add tags.

Average rating: 0.0 (0 votes)

Holdings
Item type	Home library	Collection	Shelving location	Call number	Materials specified	Status	Date due	Barcode
Print	OPJGU Sonepat- Campus	General Books	Main Library	347.12 SA-F (Browse shelf(Opens below))		Available		130480

Based on author's dissertation (doctoral) -- Graduate Institute of International and Development Studies (Geneva, Switzerland), 2011.

Includes bibliographical references and index.

"Forum shopping, which consists of strategic forum selection, parallel litigation and serial litigation, is a phenomenon of growing importance in international adjudication. Preliminary objections (or a party's placement of conditions on the existence and development of the adjudicatory process) have been traditionally conceived as barriers to adjudication before single forums. This book discusses how adjudicators and parties may refer to questions of jurisdiction and admissibility in order to avoid conflicting decisions on overlapping cases, excessive exercises of jurisdiction and the proliferation of litigation. It highlights an emerging, overlooked function of preliminary objections: transmission belts of procedure-regulating rules across the 'international judiciary'. Activating this often dormant, managerial function of preliminary objections would nurture coordination of otherwise independent and autonomous tribunals"--

There are no comments on this title.

to post a comment.