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Vol 24 No 12 Dec 19/Jan 20

Book of the Month

Cover of Merkin and Flannery on the Arbitration Act 1996

Merkin and Flannery on the Arbitration Act 1996

Price: £315.00

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Optional Choice of Court Agreements in Private International Law

Edited by: Mary Keyes

ISBN13: 9783030239138
Published: December 2019
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £109.99



Despatched in 11 to 13 days.

This book highlights the importance of optional choice of court agreements, and the need for future research and legal development in this area. The law relating to choice of court agreements has developed significantly in recent years, reflecting their increased use in practice. However, most recent legal developments concern exclusive choice of court agreements. In comparison, optional choice of court agreements, also called permissive forum selection clauses and non-exclusive jurisdiction clauses, have attracted little attention from lawmakers or commentators.

This collection is comprised of 19 National Reports, providing a critical analysis of the legal treatment of optional choice of court agreements, including asymmetric choice of court agreements, under national laws as well as under multilateral instruments. It also includes a General Report offering an overview of this area of the law and a synthesis of the findings of the national reporters. The contributions to this collection show that the legal treatment of optional choice of courts differs between legal systems. In some countries, the law on the effect of optional choice of court agreements is at an early stage in its development, whereas in others the law is relatively advanced. Irrespective of this, the national reporters identify unresolved issues with the effect of optional choice of court agreements, where the law is unclear or the cases are conflicting, demonstrating that this topic warrants greater attention.

This book is of interest to judges, legislators, lawyers, academics and students who are concerned with private international law and international civil procedure.

Subjects:
Arbitration and Alternative Dispute Resolution
Contents:
Part I. General Report: The Effect of Optional Choice of Court Agreements in Private International Law
Part II. National Reports: Australia - Belgium - Canada: Civil Law - Canada: Common Law - China - Croatia - Czech Republic - England and Scotland - France - Germany - Greece - Italy - Japan - Netherlands - Romania - Singapore - South Africa - Switzerland - Taiwan - Turkey - United States.