Powered by OpenAIRE graph
Found an issue? Give us feedback
https://doi.org/10.1...arrow_drop_down
https://doi.org/10.1093/law/97...
Part of book or chapter of book . 2023 . Peer-reviewed
Data sources: Crossref
addClaim

This Research product is the result of merged Research products in OpenAIRE.

You have already added 0 works in your ORCID record related to the merged Research product.

Jurisdiction and types of jurisdiction by agreement

EU and common law perspectives
Authors: Brooke Marshall;

Jurisdiction and types of jurisdiction by agreement

Abstract

Abstract This Chapter introduces exclusive, non-exclusive, and asymmetric jurisdiction clauses from an EU law and a common law perspective. It demonstrates that each type of jurisdiction clause represents a different response to uncertainties that prevail at the time of contracting. Building on that differentiation, it examines the various factors informing parties’ preferences for an exclusive, non-exclusive, or asymmetric clause. In particular, it scrutinizes the oft-made claim that option holders need the flexibility that an asymmetric clause affords them, in order to manage their substantive risk under the contract. The results of a previously unpublished empirical study on the use of asymmetric jurisdiction clauses in financial markets, together with French, German and English case law, are analysed to illuminate how, how often, and in which kinds of contracts asymmetric jurisdiction clauses are used. This analysis draws on documents from key industry associations, including the International Swaps and Derivatives Association, Loan Market Association, and International Chamber of Commerce.

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Related to Research communities
Upload OA version
Are you the author of this publication? Upload your Open Access version to Zenodo!
It’s fast and easy, just two clicks!