Rethinking Judicial Jurisdiction in Private International Law

Milana Karayanidi, PhD (Trinity College Dublin), LLM (Harvard Law School) is an attorney licensed in New York, and a Managing Associate at Dentons US LLP in Washington, DC, USA.

1. Introduction
2. Reconciliation of Values in Jurisdiction
I. The Big Picture
II. Summary of Jurisdiction Rules in the EU and Russia

PART I
PARTY AUTONOMY IN PRIVATE INTERNATIONAL LAW ON JURISDICTION
3. Autonomy as a Foundational Value for Jurisdiction
I. Introduction
II. Definition of and Justification for Autonomy
III. Autonomy as a Proper Foundation for Matters of Private International Law and Jurisdiction
IV. Sovereignty: Not a Starting Point for the Law on Jurisdiction
4. Autonomy in the Law on Jurisdiction: Harmony and Controversy
I. Linking Theory to Practice
II. Party Autonomy ex ante
III. Party Autonomy Bordering Other Issues
IV. Party Autonomy ex post
V. Conclusion

PART II
PARTY EQUALITY
5. Categorical Equality in the Law on Jurisdiction
I. Introduction
II. Equality Limiting Party Autonomy: Normative View
III. Critical Analysis of Positive Law on Protective Jurisdiction
IV. Conclusion
6. Jurisdiction in Tort and Contract in the Absence of Choice of Forum: Balance Exercise
I. Introduction
II. Jurisdiction in Torts: Interpretation and Justification
III. No Choice of Forum in Contract: Jurisdiction at the Place of Performance
IV. Conclusion

PART III
SOVEREIGNTY AND PARTY AUTONOMY
7. Sovereignty and Party Autonomy in Civil and Commercial Jurisdiction
I. Introduction
II. Extent of International Sovereignty in Private International Law
III. Home Sovereignty and its Limited Role in the Law on Jurisdiction
IV. Ultimate State Sovereignty: Public Interest
8. Sovereignty and Territoriality in the Law on Jurisdiction
I. Defining Domicile for the Purpose of Jurisdiction
II. State Sovereign Interests Overriding Party Autonomy to Protect the Integrity of the State
III. Conclusion
9. Overall Conclusions and Recommendations
I. Jurisdiction by Parties’ Agreement ex ante
II. Jurisdiction by Parties’ Agreement ex post
III. Jurisdiction Protecting Categorical Equality
IV. Jurisdiction in the Absence of Forum Selection (Tort)
V. Jurisdiction in the Absence of Forum Selection (Contract)
VI. Jurisdiction in the Absence of Forum Selection (Other)
VII. Limited Exclusive Jurisdiction Overriding Party Autonomy to Maintain Sovereignty