Forum shopping in international adjudication : the role of preliminary objections / Luiz Eduardo Salles.

By:

Salles, Luiz Eduardo Ribeiro [author.]

Material type: Text

TextSeries: Cambridge studies in international and comparative law (Cambridge, England : 1996) ; 105.Publication details: Cambridge, United Kingdom : Cambridge University Press, 2014.Description: 1 online resource (xlii, 320 pages)Content type:

text

Media type:

computer

Carrier type:

online resource

ISBN:

9781139957809
1139957805
1139950355
9781139950350
9781139565745
1139565745
9781316603482
1316603482

Subject(s): Genre/Form:

Additional physical formats: Print version:: Forum shopping in international adjudication.DDC classification:

347 23

LOC classification:

KZ6250

Other classification:

LAW051000

Online resources:

Click here to access online

Contents:

Introduction -- The rise of forum shopping -- Forum shopping and procedure -- Preliminary questions and preliminary objections -- The source and contours of international tribunals' authority to rule on preliminary questions -- Jurisdiction and admissibility -- International tribunals' discretion to (not) exhaust jurisdiction and forum shopping -- Principles and rules permitting coordination through the prism of preliminary objections -- 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.

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Includes bibliographical references (pages 299-311) and index.

Online resource; title from PDF title page (Cambridge books online, viewed May 7, 2015).

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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