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Ius Comparatum - Global Studies in Comparative Law

Optional Choice of Court Agreements in Private International Law

Editors: Keyes, Mary (Ed.)

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  • Discusses the importance of optional choice of court agreements in different legal systems
  • Offers an overview of this area of the law and a synthesis of the findings of 19 national reporters
  • Presents contributions by leading academics
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eBook $84.99
price for USA in USD (gross)
  • ISBN 978-3-030-23914-5
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Hardcover $149.99
price for USA in USD
  • ISBN 978-3-030-23913-8
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  • Usually dispatched within 3 to 5 business days.
About this book

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.

About the authors

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

Table of contents (20 chapters)

Table of contents (20 chapters)
  • Optional Choice of Court Agreements in Private International Law: General Report

    Pages 3-48

    Keyes, Mary

  • Australia: Inconsistencies in the Treatment of Optional Choice of Court Agreements

    Pages 51-86

    Marshall, Brooke

  • Belgium: Optional Choice of Court Agreements, Legal Uncertainty Despite a Modern Legal Framework

    Pages 87-106

    Van Calster, Geert (et al.)

  • Québec : Les Clauses D’Élection De For facultatives En droit international Privé Québécois

    Pages 107-135

    Guillemard, Sylvette (et al.)

  • Choice of Court Agreements in Common Law Canada

    Pages 137-149

    Saumier, Geneviève

Buy this book

eBook $84.99
price for USA in USD (gross)
  • ISBN 978-3-030-23914-5
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $149.99
price for USA in USD
  • ISBN 978-3-030-23913-8
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Optional Choice of Court Agreements in Private International Law
Editors
  • Mary Keyes
Series Title
Ius Comparatum - Global Studies in Comparative Law
Series Volume
37
Copyright
2020
Publisher
Springer International Publishing
Copyright Holder
Springer Nature Switzerland AG
eBook ISBN
978-3-030-23914-5
DOI
10.1007/978-3-030-23914-5
Hardcover ISBN
978-3-030-23913-8
Series ISSN
2214-6881
Edition Number
1
Number of Pages
XII, 527
Number of Illustrations
1 illustrations in colour
Topics