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The Nature and Enforcement of Choice of Court Agreements - A Comparative Study (Hardcover)
Loot Price: R3,394
Discovery Miles 33 940
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The Nature and Enforcement of Choice of Court Agreements - A Comparative Study (Hardcover)
Series: Studies in Private International Law
Expected to ship within 12 - 17 working days
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PRAISE FOR THE BOOK: "This constitutes a work of impressive
scholarship that will become a major reference point for future
discourse on choice of court agreements. Dr Ahmed advances a firm
thesis in a lucid manner that will satisfy both academics and
practitioners. The discussion is supported by a monumental
foundation of underpinning research. Ahmed's monograph throughout
shows clear understanding of underlying substantive laws and in
Chapter 11 displays a refreshing willingness to engage in
intelligent speculation on the implications of Brexit." Professor
David Milman, University of Lancaster "The book is an excellent
attempt to understand the theoretical underpinnings of choice of
court agreements in private international law ... Anyone with an
interest in the theory and practice of choice of court agreements,
in particular in mechanisms for their enforcement, should read this
book. They will find much of value by doing so." Professor Paul
Beaumont, University of Aberdeen (from the Series Editor's Preface)
This book examines the fundamental juridical nature, classification
and enforcement of choice of court agreements in international
commercial litigation. It is the first full-length attempt to
integrate the comparative and doctrinal analysis of choice of court
agreements under the Brussels I Recast Regulation, the Hague
Convention on Choice of Court Agreements ('Hague Convention') and
the English common law jurisdictional regime into a theoretical
framework. In this regard, the book analyses the impact of a
multilateral and regulatory conception of private international law
on the private law enforcement of choice of court agreements before
the English courts. In the process, it both pre-empts and offers
innovative solutions to issues that may arise under the
jurisprudence of the emergent Brussels I Recast Regulation and the
Hague Convention. The need to understand the nature and enforcement
of choice of court agreements before the English courts from the
perspective of the EU private international law regime and the
Hague Convention cannot be understated. This important new study
aims to fill an existing gap in the literature in relation to an
account of choice of court agreements which explores and reconnects
arguments drawn from international legal theory with legal
practice. However, the scope of the work remains most relevant for
cross-border commercial lawyers interested in crafting pragmatic
solutions to the conflicts of jurisdictions.
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