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The Draft Hague Judgments Convention: Some Perspectives from Arbitration

Lookup NU author(s): Professor TT Thiruvallore Thattai

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Abstract

This article analyses the draft Hague Judgments Convention against the backdrop of arbitral jurisprudence. It points to certain problems that might arise in the Convention's functions. Although the draft Convention represents a significant improvement over the status quo in relation to international commercial litigation, it remains subject to a number of potential problems, in as much as it does not adequately deal with the issues of parallel jurisdiction, inconsistent verdicts, consent, or interim relief, which cause significant problems in commercial parties. In the worst case, these problems could lead to the convention not commending itself for adoption, which could have adverse consequences for commercial dispute resolution as a whole.


Publication metadata

Author(s): Arvind TT

Publication type: Article

Journal: Netherlands International Law Review

Year: 2004

Volume: 51

Issue: 3

Pages: 337-362

ISSN (print): 0165-070X

ISSN (electronic): 1741-6191

Publisher: T.M.C. Asser Press

URL: http://dx.doi.org/10.1017/S0165070X04003377

DOI: 10.1017/S0165070X04003377


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