Asymmetric Jurisdiction Clauses

Brooke Marshall

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. Yet for close to a decade their enforceability and effects under EU law have been uncertain, with competing decisions from France's highest court contributing to the murky waters. 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, prompting practitioners and scholars to reflect on how such clauses could be better designed in the future.

Where can I buy Asymmetric Jurisdiction Clauses?

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Q&A

Who is this book for?
Practitioners and scholars drafting or litigating international commercial contracts with asymmetric jurisdiction clauses.

What jurisdictions does it cover?
The EU, England, and Contracting States to the 2005 Hague Choice of Court Convention.

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