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INCENTIVES FOR CHOICE OF LAW AND FORUM IN COMMERCIAL CONTRACTS - Predicting the impact of Brexit

Accepted version
Peer-reviewed

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Type

Article

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Authors

Merrett, Louise 
Sommerfield, Antonia 

Abstract

Looking at the empirical data, English law and England as a forum are currently businesses’ prevailing choice for dispute resolution in international commercial transactions in Europe. This article analyses the factors determining businesses’ choice of contract law and forum in and the underlying mechanisms for businesses’ choices. These findings will be used to analyse what possible effects and consequences Brexit may have for the London commercial courts and the choice of English contract law. Will there be a switch of focus in approaching European commercial contracts and dispute resolution? Or will Brexit impact little on London’s prevailing position in the market for dispute resolution and the choice of English law in international commercial contracts?

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Keywords

Commercial Contracts, Choice of Law, Choice of Forum, Jurisdiction, Brexit, Competition of Legal Systems, Empirical Data

Journal Title

European Review of Private Law

Conference Name

Journal ISSN

0928-9801

Volume Title

28

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Publisher DOI

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All rights reserved
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