Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-qxdb6 Total loading time: 0 Render date: 2024-04-27T16:26:24.148Z Has data issue: false hasContentIssue false

5 - Limits on Party Autonomy in Choice of Court

Published online by Cambridge University Press:  31 July 2018

Alex Mills
Affiliation:
University College London
Get access

Summary

This chapter examines the four main limits which are applied to the effectiveness of choice of court agreements. The first is the possible imposition of formality restrictions, such as a requirement that a choice of court agreement must be in writing to be effective. The second is a potential requirement for a dispute to have a cross-border element before a choice of court is permissible, ruling out a choice of a foreign court for purely domestic cases. The third is the possible overriding effect of exclusive subject matter jurisdictional rules, which recognise certain categories of disputes as so closely connected to a single legal order that the parties should not be free to choose a foreign court. The fourth is the potential existence of special jurisdictional regimes dealing with weaker contracting parties such as consumers and employees, under which those parties may be protected from disadvantageous jurisdiction agreements. The analysis of each of these potential restrictions highlights that the means for recognising these concerns, or indeed whether they are recognised at all, is significantly varied in the different legal systems under examination.
Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2018

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×