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Vol 22 No 10 Oct/Nov 2017

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Lindley & Banks on Partnership

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The Nature and Enforcement of Choice of Court Agreements: A Comparative Study


ISBN13: 9781509914494
Published: October 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £80.00



In stock.

Also available as
£66.66
+ £13.33 VAT

This book examines the fundamental juridical nature, classification and enforcement of choice of court agreements in international commercial litigation.

It is the first full length attempt to integrate the comparative and doctrinal analysis of choice of court agreements under the Brussels I Recast Regulation, the Hague Convention on Choice of Court Agreements ('Hague Convention') and the English common law jurisdictional regime into a theoretical framework.

In this regard, the book analyses the impact of a multilateral and regulatory conception of private international law on the private law enforcement of choice of court agreements before the English courts. In the process, it both pre-empts and offers innovative solutions to issues that may arise under the jurisprudence of the emergent Brussels I Recast Regulation and the Hague Convention.

The need to understand the nature and enforcement of choice of court agreements before the English courts from the perspective of the EU private international law regime and the Hague Convention cannot be understated.

This important new study aims to fill an existing gap in the literature in relation to an account of choice of court agreements which explores and reconnects arguments drawn from international legal theory with legal practice. However, the scope of the work remains most relevant for cross border commercial lawyers interested in crafting pragmatic solutions to the conflicts of jurisdictions.

Subjects:
Conflict of Laws
Contents:
1. Introduction
2. Private International Law, Party Autonomy and the English ‘Dispute Resolution’ Paradigm
3. The Analogy between Arbitration Agreements and Choice of Court Agreements: The Technique of Severability and Whether the Contractualisation Phenomenon Distorts the Fundamental Nature and Effects of Choice of Court Agreements?
4. Private Law or Public Law? An Assessment of the Fundamental Juridical Nature and Classification of Choice of Court Agreements
5. ‘Dispute Resolution’ Epitomised: The Damages Remedy for Breach of Choice of Court Agreements
6. An Overview of the Case Law on the Damages Remedy for Breach of Exclusive Choice of Court Agreements: Firmly Entrenched or a Nascent Remedy in Need of Development?
7. Assessing the Damages Remedy for Breach of Choice of Court Agreements
8. An In-depth Examination of the Damages Remedy for Breach of Exclusive Choice of Court Agreements under the English Common Law Jurisdictional Regime
9. The Damages Remedy and the Brussels I Regime
10. The Hague Convention on Choice of Court Agreements: Qualified Mutual Trust and the Scope for Remedies for Breach of Exclusive Choice of Court Agreements
11. English Choice of Court Agreements in the Post-Referendum Legal Environment: What Lies Ahead?
12. Conclusions and Contributions to Knowledge

Series: Studies in Private International Law

The Private International Law of Authentic Instruments ISBN 9781509907632
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Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781509920105
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Cross-Border Litigation in Europe ISBN 9781782256762
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Maintenance And Child Support in Private International Law ISBN 9781509915507
Published June 2017
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The Choice of Law Contract ISBN 9781849467643
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£60.00
The Choice of Law Contract (eBook) ISBN 9781509901029
Published July 2016
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£49.99 + £10.00 VAT
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Recovery of Maintenance in the EU and Worldwide
Edited by: Paul Beaumont
ISBN 9781509909285
Published June 2016
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£39.99
Electronic Consumer Contracts in the Conflict of Laws 2nd ed (eBook) ISBN 9781782259305
Published October 2015
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Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781849466912
Published October 2015
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£70.00
Maintenance And Child Support in Private International Law ISBN 9781849467179
Published March 2015
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£65.00
Maintenance And Child Support in Private International Law (eBook) ISBN 9781509903566
Published March 2015
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£24.99 + £5.00 VAT
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£55.00
Recovery of Maintenance in the EU and Worldwide (eBook)
Edited by: Paul Beaumont
ISBN 9781782254690
Published July 2014
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£33.32 + £6.67 VAT
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Recovery of Maintenance in the EU and Worldwide
Edited by: Paul Beaumont
ISBN 9781849465731
Published July 2014
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£90.00
The Hague Child Abduction Convention: A Critical Analysis (eBook) ISBN 9781782253099
Published November 2013
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£66.66 + £13.33 VAT
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The Hague Child Abduction Convention: A Critical Analysis ISBN 9781849460170
Published November 2013
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£80.00
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Child Abduction within the European Union ISBN 9781849463973
Published March 2013
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£65.00
Child Abduction within the European Union (eBook) ISBN 9781782250838
Published March 2013
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£54.16 + £10.83 VAT
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Intellectual Property and Private International Law: Comparative Perspectives (eBook)
Edited by: Toshiyuki Kono
ISBN 9781847319708
Published June 2012
Hart Publishing
£187.49 + £37.50 VAT
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Intellectual Property and Private International Law: Comparative Perspectives
Edited by: Toshiyuki Kono
ISBN 9781849462310
Published June 2012
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£225.00
The Governing Law of Companies in EU Law (eBook) ISBN 9781847319272
Published April 2012
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The Governing Law of Companies in EU Law ISBN 9781849462969
Published April 2012
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£120.00
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Mediating International Child Abduction Cases: The Hague Convention ISBN 9781849461818
Published October 2011
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Mediating International Child Abduction Cases: The Hague Convention (eBook) ISBN 9781847318657
Published October 2011
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International Child Abduction: The Inadequacies of the Law (eBook) ISBN 9781847318565
Published August 2011
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International Child Abduction: The Inadequacies of the Law ISBN 9781849461566
Published August 2011
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Cases and Materials on EU Private International Law ISBN 9781849460279
Published April 2011
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Cases and Materials on EU Private International Law (eBook) ISBN 9781847317636
Published April 2011
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Jurisdiction and Judgments in Relation to EU Competition Law Claims ISBN 9781841136592
Published December 2010
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Foreign Currency Claims in the Conflict of Laws ISBN 9781841138923
Published April 2010
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Electronic Consumer Contracts in the Conflict of Laws ISBN 9781841138473
Published September 2009
Hart Publishing
Out of print