Del i serien Oxford Private International Law Series

Asymmetric Jurisdiction Clauses

Inbunden, Engelska, 2023

2 599 kr

Beställningsvara. Skickas inom 7-10 vardagar. Fri frakt för medlemmar vid köp för minst 249 kr.

Asymmetric jurisdiction clauses, giving one party a right to choose the forum for litigation after a dispute has already arisen, are widespread in international commercial contracting. And yet for close to a decade their enforceability and effects under EU law have been uncertain, with seven different competing decisions from France's highest court progressively contributing to the murky waters. From the interpretation of material changes to the Brussels I Recast Regulation, to obiter comments by English judges as to whether the 2005 Hague Choice of Court Convention on 'exclusive' jurisdiction clauses applies to asymmetric clauses, how can lawyers balance certainty, flexibility, and risk in this difficult legal landscape?This book explores this conundrum and aims to bring clarity to the current law on asymmetric jurisdiction clauses in the EU, England, and Contracting States to the Hague Convention 2005. It seeks to prompt practitioners and scholars to reflect carefully and critically on how and why asymmetric clauses are used, whether courts will -and should- hold businesses to them, and how both the law and the clauses themselves could be better designed in the future.

Produktinformation

Utgivningsdatum2023-03-24
Mått175 x 252 x 25 mm
Vikt824 g
FormatInbunden
SpråkEngelska
SerieOxford Private International Law Series
Antal sidor404
FörlagOUP OXFORD
ISBN9780198868040
UtmärkelserWinner, 2025 New Author Inner Temple Book Prize

Tillhör följande kategorier

Internationell rätt: transport och handel inom Juridik

1: Introduction2: Jurisdiction and types of jurisdiction by agreement: EU and common law perspectives3: Justifications for party autonomy in the context of asymmetric jurisdiction clauses4: Applicability of the 2005 Hague Choice of Court Convention to asymmetric jurisdiction clauses5: Effects of asymmetric jurisdiction clauses under the Recast and 2007 Lugano Convention, and their relationship with Third State court proceedings6: Enforceability of asymmetric jurisdiction clauses before EU Member State courts7: Interpretation, enforceability, and effects of asymmetric jurisdiction clauses under English law8: Relevance of the European Convention on Human Rights and Charter of Fundamental Rights of the EU to the enforcement of asymmetric clauses in the EU and England9: Asymmetric jurisdiction clauses and the law - rethink and redesign

Marshall's work on Asymmetric Jurisdiction Clauses is an insightful and exhaustive analysis of this problematic topic...The European Court of Justice [decision] in Lastre v Agora...occurred after the publication of Marshall's book, but her analysis predicted the landscape of the arguments...Marshall gives the application of the Hague Convention a characteristically thorough analysis...Marshall has written as thorough and thoughtful an exploration of asymmetric clauses as we are likely ever to need, which she will no doubt update in the light of Lastre v Agora. It will be useful to academics and practitioners alike.