An agreement involving multiple Jurisdiction2. Consent and private international law
The general principle
The role of consent in commercial law
Consent or agreement, and the absence of consent or agreement
Consent in the application of foreign law
Consent in choice of law
Consent in the recognition of foreign judgments
Consent and the local jurisdiction of the court
Consent and the subject-matter jurisdiction of the court
European jurisdiction
Dispute resolution and Severability
Basic contractual terms
The agreements for the resolution of disputes
Agreements on jurisdiction
The principle of Severability
The obverse of Severability
The agreement on the choice of law
Clauses, principles, and interpretation
The range and varieties of jurisdiction clause
Jurisdiction clauses: rights conferred and duties assumed
Jurisdiction agreements as exemption clauses
The scope of the duty; the ambit of the clause
Service of suit clauses
Combined arbitration and jurisdiction agreements
Choice of law clauses
One contract but several agreements
The role of European law
Drafting agreements
Contractual variation of the Brussels Regulation
A specimen clause: elaborate version
Explanation of contents: elaborate version
A specimen clause: simple version
Drafting by incorporation from other documents
The meaning of words and the use of authority
Jurisdiction agreements: primary obligations
Jurisdiction-blind enforcement
Development of the anti-suit injunction
Objections to enforcement by order of the English court
Equitable maxims as a restriction on remedy
The position of strangers to the contract
Stays of English proceedings brought in breach of contract
Jurisdiction agreements: Brussels Regulation
The context in which Article 23 is to operate
The structure of Article 23
What is an agreement for the purposes of Article 23?
Unilateral or bilateral agreement
Article 23: what writing ? whose writing?
The parties to the ‘particular legal relationship’
Article 23 and those who depart from the agreement
Injunctions to enforce agreements about jurisdiction and litigation
Turner v Grovit
Jurisdiction agreements for the courts of non-Member States
Conclusions
Jurisdiction agreements: secondary obligations
The starting points of the common law
Union Discount v Zoller and five cases which are less straightforward
Other issues arising within the common law analysis
i The cause of action
ii The assessment of damages
iii Where the nominated court is not in England
Judgments from the courts of a Member State
Foreign Judgments
Common law recognition
Judgments from the court designated by a dispute resolution agreement
Foreign judgments obtained in breach of jurisdiction agreement
Overcoming foreign judgments obtained in breach of contract
Recognition and enforcement under the Regulation
The decision in De Wolf v Cox
Recognition and enforcement at the margin of the Regulation
International obligations binding courts; personal obligations binding parties
Agreements on the choice of law
Contracts: where the existence of the contract is not in dispute
Contracts: where the existence of the contract is in dispute
Contracts: the law which governs the consequences of contractual invalidity
Contracts: conclusions about the nature of choice of law for contracts
Agreements of choice of law and claims in tort
Choice of law and property rights
Effects of choice of law
The common law and the proper law of a contract
Choice of proper law: common intention or mutual agreement?
Governing the contract and governing contractual litigation
The consequence if the law identified for application is not applied
i Breach of a choice of law
ii Non-monetary responses
iii Monetary remedies
iv Subverting the contract as a tortious wrong
v The Rome Convention
Choices of law when not permitted
Agreements to resolve disputes by arbitration
Nature of agreement
Who will adjudicate ? Who decides who will adjudicate ?
To what do the parties agree when they agree to arbitration ?
The jurisdiction of the courts of the seat
Foreign judgments in breach of an arbitration agreement: Brussels Regulation
i Non-recognition of judgments
ii Reversal of judgments
iii Private rights and public duties
Brussels Regulation on Foreign proceedings in breach of agreement to arbitrate
The New York Convention
Damages for breach of the contract to proceed by way of arbitration
Conclusions
The Hague Convention on Exclusive Choice of Court Agreements
Private international law and party autonomy
