Overview

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.

Full Product Details

Author:   Brooke Marshall (Associate Professor of Law, Director of Competitions, University of New South Wales)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 17.50cm , Height: 2.50cm , Length: 25.20cm
Weight:   0.824kg
ISBN:  

9780198868040

ISBN 10:   0198868049
Pages:   416
Publication Date:   24 March 2023
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

1: Introduction 2: Jurisdiction and types of jurisdiction by agreement: EU and common law perspectives 3: Justifications for party autonomy in the context of asymmetric jurisdiction clauses 4: Applicability of the 2005 Hague Choice of Court Convention to asymmetric jurisdiction clauses 5: Effects of asymmetric jurisdiction clauses under the Recast and 2007 Lugano Convention, and their relationship with Third State court proceedings 6: Enforceability of asymmetric jurisdiction clauses before EU Member State courts 7: Interpretation, enforceability, and effects of asymmetric jurisdiction clauses under English law 8: 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 England 9: Asymmetric jurisdiction clauses and the law - rethink and redesign

Reviews

Asymmetric Jurisdiction Clauses provides a thorough doctrinal, empirical, and economic analysis of the existing rules on international jurisdiction and jurisdiction agreements, aiming to reveal and solve the difficulties that the interpretation, enforceability, and effects of asymmetric jurisdiction clauses may give rise under English law and EU law. * N. Kansu Okyay, ICC Bulletin. *

Author Information

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.

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