Title: Jurisdiction and arbitration agreements in international commercial law /
Authors: Tang, Zheng Sophia,
Year: 2014
Subjects: Arbitration agreements, Commercial; International commercial arbitration.; Jurisdiction.; Commercial law; LAW / Commercial / International Trade.; LAW / Commercial / General.; LAW / Conflict of Laws.; Arbitration agreements, Commercial; Commercial law; International commercial arbitration; Jurisdiction; Internationale Handelsschiedsgerichtsbarkeit.; Schiedsvertrag; Zuständigkeitsvereinbarung
Abstract: "When deciding how and where to resolve disputes that have or may arise parties in international civil and commercial relationship make agreements separate from the main contract which determine either the choice of court or the form and procedure arbitration will take. Both types of agreement have specific contractual requirements for their formation, incorporation and validity, provide certainty for commercial parties, have the prorogation effect to make the chosen forum competent and have the derogation power to deprive any otherwise competent for their jurisdiction. Because of the similarities between the two types of procedural autonomy agreements, they are often treated in a similar way by courts and practitioners.