Asymmetric Jurisdiction Clauses

— —

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)

$295

Hardback

Not in-store but you can order this
How long will it take?

Availability Information

We source books from suppliers in Australia and overseas. For books we don't currently have in stock, the time it takes to get them from our suppliers can vary widely - from a few days to a few months - so we check each book with each supplier to determine the expected time it will take to be supplied to us.

We then advise you accordingly. If the time taken to get any book is too long for you, you can let us know and we will cancel or adjust your order, and refund as required.

To find out the anticipated arrival time for specific items prior to ordering, please contact us by phone or email:

Phone +61 2 9264 3111, or 1800 4 BOOKS (1800 4 26657) if outside Sydney:
option 1 Abbey's Bookshop (Crime, History, Science, Kids & more) • info@abbeys.com.au
option 2 Language Book Centre (ESL & Foreign Languages) • language@abbeys.com.au
option 3 Galaxy Bookshop (Sci-fi, Fantasy, Romance, Graphic Novels) • sf@galaxybooks.com.au

QTY:

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: 1g
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

Asymmetric Jurisdiction Clauses provides a thorough doctrinal, empirical, and economic analysis of the existing rules on international jurisdiction and jurisdiction agreements, aiming to reveal and solve the difficulties that the interpretation, enforceability, and effects of asymmetric jurisdiction clauses may give rise under English law and EU law. * N. Kansu Okyay, ICC Bulletin. *