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“The Choice of Law Agreement as a Reason for Exercising Jurisdiction”

The author examines the effect of choice of law agreements on the courts’ exercise of jurisdiction. The focus is on whether English courts should exercise jurisdiction to uphold choice of law agreements that would otherwise be defeated in a competing forum. The author argues that the two main reasons 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, are not justifiable in principle. The author goes on to analyse how these reasons risk undermining the principle of close connection and party autonomy.

Author
Maria Hook
Published in
International & Comparative Law Quarterly
Year
2014
Volume
63
Pages
963-975

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