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  • © 2020

Optional Choice of Court Agreements in Private International Law

Editors:

  • 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

Part of the book series: Ius Comparatum - Global Studies in Comparative Law (GSCL, volume 37)

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eBook USD 139.00
Price excludes VAT (USA)
  • ISBN: 978-3-030-23914-5
  • Instant PDF download
  • Readable on all devices
  • Own it forever
  • Exclusive offer for individuals only
  • Tax calculation will be finalised during checkout
Softcover Book USD 179.99
Price excludes VAT (USA)
Hardcover Book USD 179.99
Price excludes VAT (USA)

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Table of contents (20 chapters)

  1. Front Matter

    Pages i-xii
  2. General Report

    1. Front Matter

      Pages 1-1
  3. National Reports

    1. Front Matter

      Pages 49-49
    2. Choice of Court Agreements in Common Law Canada

      • Geneviève Saumier
      Pages 137-149
    3. Czech Republic: The Treatment of Optional and Exclusive Choice of Court Agreements

      • Naděžda Rozehnalová, Silvie Mahdalová, Lucie Zavadilová
      Pages 169-195
    4. Japan: Quests for Equilibrium and Certainty

      • Koji Takahashi
      Pages 261-272
    5. Singapore: A Mix of Traditional and New Rules

      • Adeline Chong
      Pages 325-346
    6. South Africa: Time for Reform

      • Elsabe Schoeman
      Pages 347-367

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.

Keywords

  • Optional choice of court agreement
  • Permissive forum clause
  • Non-exclusive jurisdiction clause
  • Jurisdiction agreement
  • Party autonomy

Editors and Affiliations

  • Griffith Law School, Griffith University, Brisbane, Australia

    Mary Keyes

About the editor

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

Bibliographic Information

Buying options

eBook USD 139.00
Price excludes VAT (USA)
  • ISBN: 978-3-030-23914-5
  • Instant PDF download
  • Readable on all devices
  • Own it forever
  • Exclusive offer for individuals only
  • Tax calculation will be finalised during checkout
Softcover Book USD 179.99
Price excludes VAT (USA)
Hardcover Book USD 179.99
Price excludes VAT (USA)