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9 Conclusion: Asymmetric jurisdiction clauses and the law—rethink and redesign

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 agreement — Jurisdiction under the Lugano Convention

This Chapter distills the book’s key conclusions and tenders, in light of them, suggestions to practitioners and scholars as to how asymmetric jurisdiction clauses and the law could be better designed. It proposes drafting for a sample asymmetric jurisdiction clause, which may be suitable for use by practitioners and their clients in Contracting States to 2005 Hague Choice of Court Convention, in the UK, and in the EU, including France. Reflections are offered for those charged with the review and potential revision of the EU’s Brussels I Recast Regulation. How the book should be read if the EU, one day, accepts the UK’s accession to the 2007 Lugano Convention is also mapped out.

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