Jurisdiction and Arbitration Agreements and Their Enforcement

Abstract

Jurisdiction and Arbitration Agreements and Their Enforcement , (3rd edition), by David Joseph QC, Sweet & Maxwell, 2015. With the first edition of Jurisdiction and Arbitration Agreements and Their Enforcement , David Joseph QC identified and addressed a notable gap in the literature available to practitioners. While there were (and are) of course well-established and excellent texts on, eg the Brussels Regulation and agreeing and enforcing arbitration agreements, David Joseph brought together a broad number of topics that have traditionally been dealt with separately in the literature, but which in fact fit together well and benefit from being addressed in that way. Reading the Third Edition some 10 years down the line, one is struck by how well this approach has stood the test of time, and how useful this book has become to the practitioner in providing a comprehensive but accessible text on the complex scheme of laws and treaties that govern the establishment and enforcement of jurisdiction and arbitration agreements. Despite the scope of the work, and the inevitable detail that certain of the topics demand, the clarity of the structure of this Third Edition and of David Joseph’s writing is such that this text can be used by those who know little of the law of transnational dispute resolution as well as those with a deep or academic interest in the area. For the arbitration practitioner, the changes of most immediate interest in the Third Edition will concern the wealth of recent jurisprudence that has been introduced and is the subject of David Joseph’s commentary and occasional criticism, in particular on court proceedings competing with the jurisdiction of an arbitral tribunal. However, all but those with the most confined of practices will benefit from the exposition in the Third Edition of the important changes introduced by the Brussels I Regulation Recast and also of the Hague Convention on Exclusive Choice of Court Agreements that entered … [↵][1]*QC, Essex Court Chambers. swordsworth{at}essexcourt.net [1]: #xref-corresp-1-1