Asymmetric Jurisdiction Clauses

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Brooke Marshall (Associate Professor of Law, Director of Competitions, University of New South Wales)

Asymmetric Jurisdiction Clauses

Brooke Marshall (Associate Professor of Law, Director of Competitions, University of New South Wales)

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English

Oxford University Press
07 March 2023

Private international law & conflict of laws; International arbitration

Series: Oxford Private International Law Series

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.

By: Brooke Marshall (Associate Professor of Law Director of Competitions University of New South Wales)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 252mm, Width: 175mm, Spine: 25mm
Weight: 824g
ISBN: 9780198868040
ISBN 10: 0198868049
Series: Oxford Private International Law Series
Pages: 416
Publication Date: 07 March 2023
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

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.

Reviews for Asymmetric Jurisdiction Clauses

Dr Marshall refers to an unparalleled amount of sources in an impressive amount of languages, both with respect to scholarship and case-law. Similarly, the author's efforts to collect a number of empirical data must be commended, ditto for the rigorous overview and classification of case-law. This book is a very rigorous effort to map the many technical and less technical issues of a very specific issue in PrivIL which to those in the field is a goldmine. * Honourable mention, 2024 ANZSIL Book Prize category * ...an extremely rich piece of scholarship. * UNSW Law Journal * In Asymmetric Jurisdiction Clauses, Brooke Marshall plugs a growing hole in the literature on jurisdiction clauses, and she plugs it tightly. * UNSW Law Journal Forum * Asymmetric Jurisdiction Clauses provides a thorough doctrinal, empirical, and economic analysis of the existing rules on international jurisdiction and jurisdiction agreements,...While brilliantly doing so, the author does not forget to propose a model asymmetric jurisdiction clause suitable for use by practitioners and their clients. * ICC Bulletin * 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. * IPRax 2024, Heft 5 *