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This book brings clarity to the current law on asymmetric jurisdiction clauses in the EU, England, and Contracting States to the 2005 Hague Choice of Court Convention. It prompts practitioners and scholars to reflect carefully and critically on how asymmetric clauses are used and how both the clause and the law could be better designed.
List 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
About the author
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.
Summary
This book brings clarity to the current law on asymmetric jurisdiction clauses in the EU, England, and Contracting States to the 2005 Hague Choice of Court Convention. It prompts practitioners and scholars to reflect carefully and critically on how asymmetric clauses are used and how both the clause and the law could be better designed.
Additional text
The monograph, based on a prize-winning dissertation awarded the World Business Law Institute Prize 2021 by the ICC, deals with asymmetric jurisdiction clauses in the context of the common law and European law.
