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In: Studies in private international law volume 18
Introduction -- Selection of the applicable law by contract -- The scope of party autonomy -- Independence of the choice of law contract -- Regulating the choice of law contract -- Agreement to choose the applicable law -- Formation of the choice of law contract -- Validity of the choice of law contract -- Conclusion.
In: The international & comparative law quarterly: ICLQ, Band 73, Heft 4, S. 1023-1044
ISSN: 1471-6895
AbstractThis article argues that the purpose of the English gateways for service out of the jurisdiction is to identify a presumptive meaningful connection; that courts have used different mechanisms to rebut the presumption of a meaningful connection established by the gateways; and that there are lessons to be learnt from a clearer, more explicit understanding of this presumptive purpose of the gateways. The article uses Brownlie (I and II) and Fong v Ascentic Ltd to support and illustrate these arguments.
In: Hook, M "New Zealand's choice of law rules relating to tort" (2018) 19 Yearbook of Private International Law 313-332.
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In: Hook, M "The statutist trap and subject-matter jurisdiction" (2017) 14 Journal of Private International Law 435-462.
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In: Studies in private international law volume 18
Introduction -- Selection of the applicable law by contract -- The scope of party autonomy -- Independence of the choice of law contract -- Regulating the choice of law contract -- Agreement to choose the applicable law -- Formation of the choice of law contract -- Validity of the choice of law contract -- Conclusion
In: Hook, M The Choice of Law Contract (Hart Publishing, 2016) 1-288.
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In: The international & comparative law quarterly: ICLQ, Band 63, Heft 4, S. 963-975
ISSN: 1471-6895
AbstractThis 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 prioritize 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.
In: Wass, J and Hook, M "Reform of choice of law rules for tort" [2017] NZLJ 24-26.
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In: Studies in private international law 18
Introduction -- Selection of the applicable law by contract -- The scope of party autonomy -- Independence of the choice of law contract -- Regulating the choice of law contract -- Agreement to choose the applicable law -- Formation of the choice of law contract -- Validity of the choice of law contract -- Conclusion
