Choice-of-court Agreements under the European and International Instruments

Trevor Hartley is Professor Emeritus of Law at the London School of Economics, where he has taught since 1969, after five years at the University of Western Ontario, Canada. He has been a visiting professor at the Universities of California (Berkeley), Michigan, Florida, and Texas and at the College of Europe, Bruges. He has published many books and articles on EU Law and Private International Law, including International Commercial Litigation (Cambridge University Press, 2009), The Foundations of European Community Law, 7th ed. (Oxford University Press, 2010) and European Union Law in a Global Context (Cambridge University Press, 2004). He co-authored the official report on the 2005 Hague Convention on Choice of Court Agreements. He is a member of the American Law Institute and the Committee that advises the British Government on private international law (Ministry of Justice).

INTRODUCTION ; 1. Introduction ; WHICH INSTRUMENT? ; 2. Territorial Application ; 3. From what date do the instruments apply? ; 4. Subject-matter scope ; 5. International Scope ; 6. Conflict of Instruments ; VALIDITY AND EFFECT ; 7. Validity of Choice-of-Court Agreements ; 8. Effects of Choice-of-Court Agreements ; 9. Recognition and enforcement of judgments ; 10. Remedies and Procedure ; 11. Concurrent proceedings ; SPECIAL TOPICS ; 12. Insurance ; 13. Consumer contracts under Brussels and Lugano ; 14. Individual contracts of employment under Brussels and Lugano ; 15. Immovable Property ; 16. Companies ; 17. Intellectual Property ; Selected provisions from the Brussels Convention, the Brussels 1 Regulation and the Lugano Convention ; APPENDICES ; Choice-of-court provisions in the Brussels Convention, Brussels 2000, Brussels 2012, the Lugano Convention of 1988 and the Lugano Convention of 2007 ; Brussels 2012: Text of the Regulation ; Hague: Text of the Convention and Hartley/Dogauchi Report ; Extracts from Nygh/Pocar Report