INCENTIVES FOR CHOICE OF LAW AND FORUM IN COMMERCIAL CONTRACTS - Predicting the impact of Brexit
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Authors
Merrett, Louise
Sommerfield, Antonia
Publication Date
2020-02-05Journal Title
European Review of Private Law
ISSN
0928-9801
Volume
28
Pages
627-664
Type
Article
This Version
AM
Metadata
Show full item recordCitation
Merrett, L., & Sommerfield, A. (2020). INCENTIVES FOR CHOICE OF LAW AND FORUM IN COMMERCIAL CONTRACTS - Predicting the impact of Brexit. European Review of Private Law, 28 627-664. https://doi.org/10.17863/CAM.48927
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?
Keywords
Commercial Contracts, Choice of Law, Choice of Forum, Jurisdiction, Brexit, Competition of Legal Systems, Empirical Data
Sponsorship
None
Identifiers
This record's DOI: https://doi.org/10.17863/CAM.48927
This record's URL: https://www.repository.cam.ac.uk/handle/1810/301859
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