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Look Inside The 2005 Hague Convention on Choice of Court Agreements

The 2005 Hague Convention on Choice of Court Agreements
Commentary and Documents

$159.99 (P)

  • Date Published: April 2008
  • availability: Available
  • format: Hardback
  • isbn: 9780521878661

$ 159.99 (P)

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About the Authors
  • The Hague Convention on Choice of Court Agreements was concluded on June 30, 2005, and promises to become an important instrument in judicial relations throughout the world, making choice of forum clauses both more likely to be honored and more likely to lead to judgments that will be recognized and enforced around the globe. The convention, and the proposed treatise, will serve as an indispensable source for both transactions lawyers drafting the transnational commercial contracts of the future and for litigators involved in the resolution of disputes between parties to important transnational commercial transactions.

    • Discusses a new convention likely to be the focus of ratification discussions in many countries in the very near future
    • Highlights concerns important to lawyers who will use the convention in drafting commercial contracts and in litigating international disputes
    • Identifies numerous issues which may arise under the Convention and their resolution according to the Convention text
    Read more

    Reviews & endorsements

    "Brand and Herrup offer insightful discussion of many thorny questions in private international law. They make skillful use of comparative law in shedding light on some of the compromises that were reached. They give vivid illustrations of some of the complications of modern multilateral treaty negotiations involving federal states and regional organizations. The book is recommended reading for anyone curious about the complexities of modern multilateral treaty negotiations, and it should be considered as a supplementary text for those teaching courses in comparative law, conflict of laws, or international law."
    American Journal of Comparative Law, Paul R. Dubinsky

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    Product details

    • Date Published: April 2008
    • format: Hardback
    • isbn: 9780521878661
    • length: 336 pages
    • dimensions: 258 x 181 x 23 mm
    • weight: 0.83kg
    • availability: Available
  • Table of Contents

    Part I. A Basic Introduction to the 2005 Hague Choice of Court Convention:
    1. The context and history of the Hague negotiations
    2. The Convention structure and content
    3. Interpretation and use of the Convention
    Part II. Article-by-Article commentary on the Convention:
    4. Chapter i – scope and definitions (articles 1–4)
    5. Chapter ii – jurisdiction (articles 5–7)
    6. Chapter iii – recognition and enforcement (articles 8–15)
    7. Chapter iv – general clauses (articles 16–26)
    8. Chapter v – final clauses (articles 27–34)
    Part III. Choice of Court in the Absence of a Multilateral Convention:
    9. Treatment of Choice of Court clauses in U.S. courts
    10. Recognition and enforcement of judgments in the United States: with and without Choice of Court agreements
    Part IV. Litigation and the Arbitration Choices after the Hague Convention:
    11. Planning the Choice of Forum: Choice of Court under the Hague.

  • Authors

    Ronald A. Brand, University of Pittsburgh
    Ronald A. Brand is Professor of Law and Director of the Center for International Legal Education at the University of Pittsburgh School of Law. He received his B.A. from the University of Nebraska and his J.D. from Cornell Law School. He regularly teaches courses in international business transactions, international trade law, and transnational litigation, as well as an introduction to American law course for foreign law students. His books include Fundamentals of International Business Transactions; International Civil Dispute Resolution; Beyond the Draft UNCITRAL Digest; Private Law, Private International Law, & Judicial Cooperation in the EU-US Relationship; and Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choice of Court Agreements. Professor Brand was a member of the U.S. Delegation to the Special Commissions and Diplomatic Conference of The Hague Conference on Private International Law that negotiated and concluded the 2005 Convention on Choice of Court Agreements. He is a past Chairperson of the Interest Group on International Economic Law of the American Society of International Law, a former Fulbright Scholar in Belgium, and a former Fellow of the Institute of Advanced Studies at the University of Bologna.

    Paul Herrup, Office of Foreign Litigation, Dept. of Justice
    Paul M. Herrup is an attorney with the Office of Foreign Litigation of the United States Department of Justice. He has extensive experience in transnational litigation and treaty negotiation, including participation in the negotiation of the 2005 Hague Convention on Choice of Court Agreements.

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