The Choice of Law Agreement as a Reason for Exercising Jurisdiction

Author: Hook, Maria

Date: 2014

Publisher: Cambridge University Press

Type: Journal article

Link to this item using this URL: http://hdl.handle.net/10523/8937

University of Otago

Abstract

This article examines the effect of choice of law agreements on the courts’ exercise of jurisdiction. In particular, it considers whether English courts ought to exercise jurisdiction to uphold choice of law agreements that would otherwise be defeated in a competing forum. Two reasons have been advanced in support of this approach: that courts should prioritise the choice of law rules of the forum; and that the parties should be held to their agreement on the applicable law. This article argues that neither of these reasons is justifiable in principle.

Subjects: Choice of Law Agreement, Close Connection, Forum Conveniens, Governing Law, Jurisdiction, Party Autonomy

Citation: ["(2014) 63 International & Comparative Law Quarterly 963-975."]