Suchergebnisse

An injunction to restrain foreign proceedings is probably the most powerful remedy available in an English court for dealing with a jurisdictional dispute. It is certainly the most controversial because the court is interfering with proceedings in another jurisdiction and no comparable remedy exists in civil law systems. The influence of European Community law has intensified the controversy because it has become increasingly doubtful whether the remedy is compatible with the scheme for allocating jurisdiction under the Brussels Convention (or its successor, the Brussels I Regulation) The House of Lord's decision inTurner v Grovitis an important development because their Lordships have made a reference to the European Court of Justice asking, 'Is it consistent with the Brussels Convention for the courts of the United Kingdom to grant restraining orders against defendants who are threatening to commence or continue legal proceedings in another Convention country when those defendants are acting in bad faith with the intent and purpose of frustrating or obstructing proceedings properly before the English courts?' (The issue is probably identical to that which would arise under the Brussels I Regulation and references herein to the Convention are generally equally applicable to the Regulation).

London Maritime arbitration -- The arbitration act 1996 -- Mediation and arbitration -- The arbitration agreement -- The conflict of laws -- Disputes about the tribunal's jurisdiction -- Stays of English court proceedings brought in breach oa an agreement to arbitrate -- Injunctions and arbitration -- Extending agreed time limits for beginning arbitral proceedings -- Appointment of arbitrators and umpires -- The arbitrator -- Procedure and evidence -- Confidentiality in arbitration -- Remedies for delay -- Arbitration and third parties -- Preliminary issues -- Security for costs -- Security for claims in arbitration -- Arbitration awards -- Abitrators' fees and expenses -- Costs -- Challenging an award in the English courts -- Enforcement of awards -- Applications to te English court relating to arbitration