Asymmetric Jurisdiction Clauses

Dr Brooke Marshall is an Associate Professor of the Faculty of Law, University of Oxford, and a Tutorial Fellow in Law at St Edmund Hall, Oxford.

Marshall's work on Asymmetric Jurisdiction Clauses is an insightful and exhaustive analysis of this problematic topic...The European Court of Justice [decision] in Lastre v Agora...occurred after the publication of Marshall's book, but her analysis predicted the landscape of the arguments...Marshall gives the application of the Hague Convention a characteristically thorough analysis...Marshall has written as thorough and thoughtful an exploration of asymmetric clauses as we are likely ever to need, which she will no doubt update in the light of Lastre v Agora. It will be useful to academics and practitioners alike.

• 1: Introduction 2: Jurisdiction and types of jurisdiction by agreement: EU and common law perspectives 3: Justifications for party autonomy in the context of asymmetric jurisdiction clauses 4: Applicability of the 2005 Hague Choice of Court Convention to asymmetric jurisdiction clauses 5: Effects of asymmetric jurisdiction clauses under the Recast and 2007 Lugano Convention, and their relationship with Third State court proceedings 6: Enforceability of asymmetric jurisdiction clauses before EU Member State courts 7: Interpretation, enforceability, and effects of asymmetric jurisdiction clauses under English law 8: Relevance of the European Convention on Human Rights and Charter of Fundamental Rights of the EU to the enforcement of asymmetric clauses in the EU and England 9: Asymmetric jurisdiction clauses and the law - rethink and redesign