After a long period of legislative and judicial reluctance to accept the idea that the determination of jurisdiction – a matter traditionally reserved to the sovereign – could be influenced by the will of the parties, the acceptance of party autonomy as a basis for jurisdiction in civil and commercial disputes has progressively gained impetus in the international arena. This book analyzes the legal framework governing the enforcement of choice of court agreements provided by the 2005 Hague Convention from an EU perspective, and argues that the overlaps between the regimes currently in force in the European Union may lead to results that are not always predictable, coherent and consistent.

Forum Selection under the Hague Convention on Choice of Court Agreements - A European Perspective

Francesca Ragno
2018-01-01

Abstract

After a long period of legislative and judicial reluctance to accept the idea that the determination of jurisdiction – a matter traditionally reserved to the sovereign – could be influenced by the will of the parties, the acceptance of party autonomy as a basis for jurisdiction in civil and commercial disputes has progressively gained impetus in the international arena. This book analyzes the legal framework governing the enforcement of choice of court agreements provided by the 2005 Hague Convention from an EU perspective, and argues that the overlaps between the regimes currently in force in the European Union may lead to results that are not always predictable, coherent and consistent.
2018
978-1-948582-21-6
Forum selection agreements, Hague Convention on Choice of Court Agreements, Party Autonomy, Jurisdiction
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11562/977690
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