Choice-of-court Agreements under the European Instruments and the Hague Convention: The Revised…

Hardcover | September 8, 2013

byTrevor Hartley

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This is the first text to address all the instruments that will govern choice-of-court agreements in Europe and to engage in a practical discussion of their mutual relationship. The existing common law, which has dominated discussion of this subject for so long, will become less significant asEuropean and international instruments become more widely applicable. The consequences of this, both for practitioners and business persons engaging in international transactions, are explained by thematic chapters covering all major issues affected. The work opens with an introduction to the components of a choice-of-court agreement and to the origins, principles, and status of the various instruments, making the text accessible to a broad practitioner audience. The scope of the instruments - territorial application, international applicationand subject-matter application - as well as conflicts between them, are addressed in Part II, which is devoted to guidance on deciding which instrument applies. Validity (substantive and formal), effects, remedies, and procedure are discussed in Part III, while Part IV tackles a range of morespecialist areas, including insurance, consumer contracts, employment contracts, companies, and intellectual property. Comprehensive appendices follow, including the Hague Convention 2005 in its entirety, alongside extracts from Brussels I and Lugano, making this a standalone support for anypractitioner facing unfamiliar questions in the area.

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This is the first text to address all the instruments that will govern choice-of-court agreements in Europe and to engage in a practical discussion of their mutual relationship. The existing common law, which has dominated discussion of this subject for so long, will become less significant asEuropean and international instruments beco...

Trevor Hartley is Professor Emeritus of Law at the London School of Economics, where he has taught since 1969, after five years at the University of Western Ontario, Canada. He has been a visiting professor at the Universities of California (Berkeley), Michigan, Florida, and Texas and at the College of Europe, Bruges. He has published ...

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Format:HardcoverDimensions:472 pages, 9.21 × 6.14 × 0.01 inPublished:September 8, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199218021

ISBN - 13:9780199218028

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Table of Contents

Introduction1. IntroductionWhich Instrument?2. Territorial Application3. From what date do the instruments apply?4. Subject-matter scope5. International Scope6. Conflict of InstrumentsValidity and Effect7. Validity of Choice-of-Court Agreements8. Effects of Choice-of-Court Agreements9. Recognition and enforcement of judgments10. Remedies and Procedure11. Concurrent proceedingsSpecial Topics12. Insurance13. Consumer contracts under Brussels and Lugano14. Individual contracts of employment under Brussels and Lugano15. Immovable Property16. Companies17. Intellectual PropertySelected provisions from the Brussels Convention, the Brussels 1 Regulation and the Lugano ConventionAppendices:Choice-of-court provisions in the Brussels Convention, Brussels 2000, Brussels 2012, the Lugano Convention of 1988 and the Lugano Convention of 2007Brussels 2012: Text of the RegulationHague: Text of the Convention and Hartley/Dogauchi ReportExtracts from Nygh/Pocar Report