Optional Choice of Court Agreements in Private International Law

ISBN-13: 9783030239138 / Angielski / Twarda / 2019 / 527 str.

Mary Keyes

Spis treści

Part I: General Report.- Optional Choice of Court Agreements in Private International Law: General Report.- Part II: National Reports.- Australia: Inconsistencies in the Treatment of Optional Choice of Court Agreements.- Belgium: Optional Choice of Court Agreements, Legal Uncertainty Despite a Modern Legal Framework.- Québec : Les Clauses D’Élection De For facultatives En droit international Privé Québécois.- Choice of Court Agreements in Common Law Canada.- People’s Republic of China (PRC): Optional Choice of Court Agreements in the Vibrant Age.- Czech Republic: The Treatment of Optional and Exclusive Choice of Court Agreements.- France: A Game of Asymmetries, Optional and Asymmetrical Choice of Court Agreements Under French Case Law.- Optional Choice of Court Agreements: German National Report.- Greece: A Forum Favorable to Optional Choice of Court Agreements.- Japan: Quests for Equilibrium and Certainty.- The Netherlands: Optional Choice of Court Agreements in a Globalizing World.- Romania: Interpretation and Effects of Optional Jurisdiction Agreements in International Disputes.- Singapore: A Mix of Traditional and New Rules.- South Africa: Time for Reform.- Switzerland: Choice of Court Agreements According to the Code on Civil Procedure, the Private International Law Act and the Lugano Convention.- Taiwan: Legislation and Practice on Choice of Court Agreements in Taiwan.- Turkey: Optional Choice of Court Agreements.- United Kingdom: Giving Effect to Optional Choice of Court Agreements—Interpretation, Operation and Enforcement.- United States: The Interpretation and Effect of Permissive Forum Selection Clauses.

O autorze

Professor Dr. Mary Keyes, Griffith Law School, Brisbane, Australia

Blurb

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.