12 Agreements to Resolve Disputes by Arbitration
From: Agreements on Jurisdiction and Choice of Law
Adrian Briggs
- Subject(s):
- Restraining foreign proceedings — Foreign judgments obtained in breach of jurisdiction agreement — Foreign arbitral awards — Injunctions to arbitration restrain proceedings — Damages — Jurisdiction under the Brussels I Regulation
12.01 Attitudes to arbitration as a form of dispute resolution which serves to remove the adjudication from the court, might reasonably be expected to swing to and fro, for the enforcement of arbitration agreements places a number of legal policies of fundamental importance in opposition to each other. The question of which is in the ascendant at any point may not always be predictable, and may not be immutable; and the fact that one policy is favoured does not still the objections which may reasonably be made to it. 12.02 Arbitration, where agreed by the parties...
