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Forum Shopping in International Adjudication: The Role of Preliminary Objections (Cambridge Studies in International and Comparative Law, Series Number 105) - Hardcover
Synopsis
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.
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Book Description
International adjudication is changing and so is the international lawyers' toolbox. Forum Shopping in International Adjudication discusses the recent multiplication of international tribunals and focuses on widely used procedural objections (namely preliminary objections) as the means to tackle the emerging phenomenon of forum shopping in public international law.
About the Author
Luiz Eduardo Salles is an attorney at law at Barretto Ferreira e Brancher (BKBG), São Paulo, where he practices international trade and competition law. He holds a PhD in International Law from the Graduate Institute of International Studies, Geneva, and he is also a lecturer in international law at the University of São Caetano do Sul, Brazil.
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- PublisherCambridge University Press
- Publication date2014
- ISBN 10 1107035961
- ISBN 13 9781107035966
- BindingHardcover
- LanguageEnglish
- Number of pages370
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Forum Shopping in International Adjudication: The Role of Preliminary Objections (Cambridge Studies in International and Comparative Law, Series Number 105)
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Forum Shopping in International Adjudication: The Role of Preliminary Objections (Cambridge Studies in International and Comparative Law, Series Number 105)
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Hardcover. Condition: new. Hardcover. 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. International adjudication is changing, and so is the international lawyer's toolbox. This book discusses the recent multiplication of international tribunals and focuses on widely used procedural objections (namely preliminary objections) as a means to tackle the emerging phenomenon of forum shopping in public international law. Shipping may be from multiple locations in the US or from the UK, depending on stock availability. Seller Inventory # 9781107035966
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Gebunden. Condition: New. International adjudication is changing, and so is the international lawyer s toolbox. This book discusses the recent multiplication of international tribunals and focuses on widely used procedural objections (namely preliminary objections) as a means to tac. Seller Inventory # 447214445
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