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Asymmetric Jurisdiction Clauses: Oxford Private International Law Series

Autor Brooke Marshall
en Limba Engleză Hardback – 23 mar 2023
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.
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Specificații

ISBN-13: 9780198868040
ISBN-10: 0198868049
Pagini: 416
Dimensiuni: 175 x 252 x 25 mm
Greutate: 0.84 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Seria Oxford Private International Law Series

Locul publicării:Oxford, United Kingdom

Recenzii

Dr Marshall refers to an unparalleled amount of sources in an impressive amount of languages, both with respect to scholarship and case-law. Similarly, the author's efforts to collect a number of empirical data must be commended, ditto for the rigorous overview and classification of case-law. This book is a very rigorous effort to map the many technical and less technical issues of a very specific issue in PrivIL which to those in the field is a goldmine.
...an extremely rich piece of scholarship.
In Asymmetric Jurisdiction Clauses, Brooke Marshall plugs a growing hole in the literature on jurisdiction clauses, and she plugs it tightly.
Asymmetric Jurisdiction Clauses provides a thorough doctrinal, empirical, and economic analysis of the existing rules on international jurisdiction and jurisdiction agreements,...While brilliantly doing so, the author does not forget to propose a model asymmetric jurisdiction clause suitable for use by practitioners and their clients.

Notă biografică

Dr Brooke Marshall is an Associate Professor of the Faculty of Law, University of Oxford, and a Tutorial Fellow in Law at St Edmund Hall, Oxford.