Choice-of-court agreements under the European and International Instruments : the Revised Brussels I Regulation, the Lugano Convention, and the Hague Convention
Author(s)
Bibliographic Information
Choice-of-court agreements under the European and International Instruments : the Revised Brussels I Regulation, the Lugano Convention, and the Hague Convention
(Oxford private international law series)
Oxford University Press, c2013
Available at 16 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes bibliographical references (p. [477]-478) and index
Description and Table of Contents
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.
Table of 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
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