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18 March 2016 / Louis Flannery KC
Issue: 7691 / Categories: Features
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Book review: Jurisdiction and Arbitration Agreements and their Enforcement

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"Carry on groping in the dark if you wish; better I think to buy, beg or borrow this text"

Author: David Joseph QC
Publisher: Sweet & Maxwell
ISBN: 9780414034310
Price: £210

The explosive growth in international trade in recent decades shows no signs of slowing—quite the opposite. As the table of cases in David Joseph QC’s brilliant 3rd edition amply demonstrates, the six years since the last iteration have seen an abundant yield of case law, especially from the major common law jurisdictions, all distilled and explained with wonderful clarity in this work. While courts globally have had to grapple with increasingly prolix arbitration and jurisdiction clauses, he has grappled with the grapplers, as well as with the added complexity of the Hague Convention on Choice of Court Agreements and the Brussels Recast Regulation (both introduced in 2015). The halcyon days when a typical forum or arbitration clause might occupy two lines (and their academic treatment no more than a couple of pages) are long gone. It is now common to find such clauses extending to several paragraphs.

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