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Books > Law > International law > Private international law & conflict of laws
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Optional Choice of Court Agreements in Private International Law (Paperback, 1st ed. 2020)
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Optional Choice of Court Agreements in Private International Law (Paperback, 1st ed. 2020)
Series: Ius Comparatum - Global Studies in Comparative Law, 37
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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.
General
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