Full Description
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 as European 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 application and 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 more specialist 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 any practitioner facing unfamiliar questions in the area.
Contents
INTRODUCTION ; 1. Introduction ; WHICH INSTRUMENT? ; 2. Territorial Application ; 3. From what date do the instruments apply? ; 4. Subject-matter scope ; 5. International Scope ; 6. Conflict of Instruments ; VALIDITY AND EFFECT ; 7. Validity of Choice-of-Court Agreements ; 8. Effects of Choice-of-Court Agreements ; 9. Recognition and enforcement of judgments ; 10. Remedies and Procedure ; 11. Concurrent proceedings ; SPECIAL TOPICS ; 12. Insurance ; 13. Consumer contracts under Brussels and Lugano ; 14. Individual contracts of employment under Brussels and Lugano ; 15. Immovable Property ; 16. Companies ; 17. Intellectual Property ; Selected provisions from the Brussels Convention, the Brussels 1 Regulation and the Lugano Convention ; APPENDICES ; Choice-of-court provisions in the Brussels Convention, Brussels 2000, Brussels 2012, the Lugano Convention of 1988 and the Lugano Convention of 2007 ; Brussels 2012: Text of the Regulation ; Hague: Text of the Convention and Hartley/Dogauchi Report ; Extracts from Nygh/Pocar Report
