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1 Introduction

From: Asymmetric Jurisdiction Clauses

Brooke Marshall

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 04 March 2024

Subject(s):
Jurisdictional agreements and the Brussels Regulation — Jurisdiction clauses — Jurisdiction

This Chapter details the rationale for the book, and sets out its aims, overall purpose, approach and structure. It introduces the key uncertainties relevant to the enforceability and effects of asymmetric jurisdiction clauses, and the Rothschild case of the French Cour de cassation that ignited some of them. How the book’s analysis proceeds in light of Brexit is explained. Three broad types of asymmetric jurisdiction clauses are introduced: Rothschild clauses, unilateral non-exclusive clauses and unilateral indeterminate jurisdiction clauses. The origins of those types in article 17(4) of the Brussels Convention is explored.

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