Asymmetric Jurisdiction Clauses
Format:Hardback
Publisher:Oxford University Press
Published:24th Mar '23
Currently unavailable, and unfortunately no date known when it will be back
Winner, 2025 New Author Inner Temple Book Prize
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.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.
Marshall's work on Asymmetric Jurisdiction Clauses is an insightful and exhaustive analysis of this problematic topic...The European Court of Justice [decision] in Lastre v Agora...occurred after the publication of Marshall's book, but her analysis predicted the landscape of the arguments...Marshall gives the application of the Hague Convention a characteristically thorough analysis...Marshall has written as thorough and thoughtful an exploration of asymmetric clauses as we are likely ever to need, which she will no doubt update in the light of Lastre v Agora. It will be useful to academics and practitioners alike. * Thomas Raphael KC, LMCLQ *
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 *
Brooke Marshall plugs a growing hole in the literature on jurisdiction clauses, and she plugs it tightly... an extremely rich piece of scholarship. * Prof. Reid Mortensen, 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. * Dr Kansu Okyay, ICC Bulletin *
The monograph, based on a prize-winning dissertation awarded the World Business Law Institute Prize 2021 by the ICC ... deals extensively with the effects, enforceability and justifications of asymmetric jurisdiction clauses in the EU and England ... The author ... has produced a book that deserves and will receive attention. * Prof. Heinz-Peter Mansel, IPRax *
- Winner of Winner, 2025 New Author Inner Temple Book Prize.
ISBN: 9780198868040
Dimensions: 252mm x 175mm x 25mm
Weight: 824g
416 pages