The nature and enforcement of choice of court agreements: a comparative study

In: Studies in private international law volume 19

Abstract

Introduction -- Private International law, party autonomy and the English 'Dispute resolution' paradigm -- The analogy between arbitration agreements and choice of court agreements : the technique of severability and whether the contractualisation phenomenon distorts the fundamental nature and effects of choice of court agreements? -- Private law or public law? An assessment of the fundamental juridical nature and classification of choice of court agreements -- 'Dispute Resolution' epitomised : the damages remedy for breach of choice of court agreements -- An overview of the case law on the damages remedy for breach of exclusive choice of court agreements : firmly entrenched of a nascent remedy in need of development? -- Assessing the damages remedy for breach of choice of court agreements -- An in-depth examination of the damages remedy for breach of esclusive choice of court agreements under the English common law jurisdictional regime -- The damages remedy and the Brussels I regime -- The Hague Convention on choice of court agreements : qualified mutual trust and the scope for remedies for breach of exclusive choice of court agreements -- English choice of court agreements in the post-referendum legal environment : what lies ahead? -- Conclusions and conributions to knowledge