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


ISBN13: 9781509914494
Published: October 2017
Publisher: Special offer (limited stock)
Country of Publication: UK
Format: Hardback
Price: £100.00
Paperback edition , ISBN13 9781509936410



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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

Private International Law in BRICS: Convergence, Divergence and Reciprocal Lessons ISBN 9781509966141
To be published August 2024
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A Guide to Global Private International Law ISBN 9781509957873
Published November 2023
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£49.99
Private International Law and Competition Litigation in a Global Context ISBN 9781509918669
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£95.00
Private International Law and Competition Litigation in a Global Context (eBook) ISBN 9781509918676
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The Application of Foreign Law in the British and German Courts ISBN 9781509959587
Published December 2022
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£85.00
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The Private International Law of Authentic Instruments ISBN 9781509945627
Published July 2022
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£49.99
Economic Sanctions in EU Private International Law ISBN 9781509953578
Published July 2021
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£43.99
The Private International Law of Authentic Instruments ISBN 9781509907632
Published November 2020
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£100.00
The Private International Law of Authentic Instruments (eBook) ISBN 9781509907649
Published November 2020
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£44.99
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Planning the Future of Cross Border Families: A Path Through Coordination ISBN 9781509919864
Published October 2020
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£200.00
£180.00
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Private International Law in Nigeria (eBook) ISBN 9781509911141
Published June 2020
Hart Publishing
£53.99
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Private International Law in Nigeria ISBN 9781509911134
Published June 2020
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£130.00
Place of Performance: A Comparative Analysis ISBN 9781509936205
Published May 2020
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£100.00
Place of Performance: A Comparative Analysis (eBook) ISBN 9781509936212
Published May 2020
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£38.69
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Clawback Law in the Context of Succession ISBN 9781509932320
Published May 2020
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£95.00
Clawback Law in the Context of Succession (eBook) ISBN 9781509932337
Published May 2020
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£85.50
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£40.49
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£44.99
Economic Sanctions in EU Private International Law (eBook) ISBN 9781509933525
Published January 2020
Hart Publishing
£39.59
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Economic Sanctions in EU Private International Law ISBN 9781509933518
Published January 2020
Hart Publishing
£95.00
Recognition and Enforcement of Judgments in Civil and Commercial Matters
Edited by: Anselmo Reyes
ISBN 9781509924257
Published September 2019
Hart Publishing
£150.00
Recognition and Enforcement of Judgments in Civil and Commercial Matters (eBook)
Edited by: Anselmo Reyes
ISBN 9781509924271
Published September 2019
Hart Publishing
£135.00
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130 ISBN 9781509922871
Published June 2019
Hart Publishing
£130.00
The Choice of Law Contract ISBN 9781509926800
Published January 2019
Hart Publishing
£34.99
Forum (Non) Conveniens in England: Past, Present, and Future ISBN 9781782256403
Published December 2018
Hart Publishing
£70.00
Forum (Non) Conveniens in England: Past, Present, and Future (eBook) ISBN 9781509925780
Published December 2018
Hart Publishing
£25.19
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Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781509920105
Published January 2018
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£41.99
Cross-Border Litigation in Europe (eBook) ISBN 9781782256779
Published November 2017
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£58.49
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Cross-Border Litigation in Europe ISBN 9781782256762
Published November 2017
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£130.00
Maintenance And Child Support in Private International Law ISBN 9781509915507
Published June 2017
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£37.99
£29.99
The Choice of Law Contract ISBN 9781849467643
Published September 2016
Hart Publishing
£90.00
The Choice of Law Contract (eBook) ISBN 9781509901029
Published September 2016
Hart Publishing
£31.49
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Recovery of Maintenance in the EU and Worldwide
Edited by: Paul Beaumont
ISBN 9781509909285
Published August 2016
Hart Publishing
£54.99
Electronic Consumer Contracts in the Conflict of Laws 2nd ed (eBook) ISBN 9781782259305
Published October 2015
Hart Publishing
£37.79
(ePub)
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Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781849466912
Published October 2015
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£95.00
Maintenance And Child Support in Private International Law (eBook) ISBN 9781509903566
Published March 2015
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£34.19
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Maintenance And Child Support in Private International Law ISBN 9781849467179
Published March 2015
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£95.00
£85.00
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Recovery of Maintenance in the EU and Worldwide
Edited by: Paul Beaumont
ISBN 9781849465731
Published July 2014
Hart Publishing
£140.00
Recovery of Maintenance in the EU and Worldwide (eBook)
Edited by: Paul Beaumont
ISBN 9781782254690
Published July 2014
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£49.49
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The Hague Child Abduction Convention: A Critical Analysis (eBook) ISBN 9781782253099
Published November 2013
Hart Publishing
£108.00
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The Hague Child Abduction Convention: A Critical Analysis ISBN 9781849460170
Published November 2013
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£120.00
Child Abduction within the European Union ISBN 9781849463973
Published March 2013
Hart Publishing
£95.00
Child Abduction within the European Union (eBook) ISBN 9781782250838
Published March 2013
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£85.50
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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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£300.00
Intellectual Property and Private International Law: Comparative Perspectives (eBook)
Edited by: Toshiyuki Kono
ISBN 9781847319708
Published June 2012
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£270.00
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The Governing Law of Companies in EU Law ISBN 9781849462969
Published April 2012
Hart Publishing
£95.00
The Governing Law of Companies in EU Law (eBook) ISBN 9781847319272
Published April 2012
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£162.00
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£180.00
Mediating International Child Abduction Cases: The Hague Convention ISBN 9781849461818
Published October 2011
Hart Publishing
£90.00
Mediating International Child Abduction Cases: The Hague Convention (eBook) ISBN 9781847318657
Published October 2011
Hart Publishing
£81.00
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International Child Abduction: The Inadequacies of the Law ISBN 9781849461566
Published August 2011
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£95.00
International Child Abduction: The Inadequacies of the Law (eBook) ISBN 9781847318565
Published August 2011
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£85.50
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Cases and Materials on EU Private International Law ISBN 9781849460279
Published April 2011
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£80.00
Cases and Materials on EU Private International Law (eBook) ISBN 9781847317636
Published April 2011
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£72.00
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Jurisdiction and Judgments in Relation to EU Competition Law Claims ISBN 9781841136592
Published December 2010
Hart Publishing
£130.00
Foreign Currency Claims in the Conflict of Laws ISBN 9781841138923
Published April 2010
Hart Publishing
£85.00
Electronic Consumer Contracts in the Conflict of Laws ISBN 9781841138473
Published September 2009
Hart Publishing
Out of print