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

Authors
Merrett, Louise 
Sommerfield, Antonia 

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Type
Article
Change log
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?

Publication Date
2020-02-05
Online Publication Date
Acceptance Date
2020-02-03
Keywords
Commercial Contracts, Choice of Law, Choice of Forum, Jurisdiction, Brexit, Competition of Legal Systems, Empirical Data
Journal Title
European Review of Private Law
Journal ISSN
0928-9801
Volume Title
28
Publisher
Rights
All rights reserved
Sponsorship
None