General Editor’s Preface
From: Choice-of-court Agreements under the European and International Instruments: The Revised Brussels I Regulation, the Lugano Convention, and the Hague Convention
Trevor C. Hartley
Previously in the The Oxford Private International Law Series we have had Agreements on Jurisdiction and Choice of Law by Adrian Briggs, which examined this topic very much from the perspective of the common law. We now have Trevor Hartley’s monograph Choice-of-court agreements under the European and international instruments. This is concerned with choice- of-court agreements under the European instruments (the Brussels Convention, the Brussels I Regulation 2000, the Brussels I Regulation 2012 and the Lugano Convention) and under the Hague Convention. There is extensive coverage of the Brussels I Regulation 2012, which makes important changes in the law in this area, and of the Hague Convention, which will increasingly apply in many cases where in the past the English courts would have applied English traditional rules on jurisdiction. The same is true for courts in other EU Member States. They too will increasingly apply the Hague Convention. With the 2012 Regulation applying from 10 January 2015 and the Hague Convention due to be ratified by the EU and brought into force at the same time, or even earlier, the publication of this monograph could not be more timely.
Trevor Hartley is uniquely well placed to write this book. He is the Co-Rapporteur of the authoritative Hartley and Dogauchi Report on the Hague Choice-of-Court Convention 2005, which sets out the intentions of the Contracting States to the Hague Conference, and was an advisor to the United Kingdom Government on the reform of the Brussels I Regulation. He is an expert on EU Constitutional law as well as on private international law. The complex constitutional background to the EU instruments and the Hague Convention is fully explained.
Choice-of-court agreements under the European and international instruments is an indispensable guide for practitioners, judges and academics in the EU and worldwide to the new instruments and to the working of long established instruments. It explains clearly and concisely which instrument applies and when national law, increasingly rarely, applies. It goes on to examine the validity and effect of choice of jurisdiction agreements, including their recognition and enforcement. Special provisions to deal with such matters as consumer contracts, insurance and immovable property are covered. The approach adopted is to examine systematically how each of the different instruments deal with these various aspects and matters.
(p. vi) The stated aim of the Oxford Private International Law Series is to publish works of high quality and originality in a number of important areas of private international law. Choice-of-court agreements under the European and international instruments very clearly fulfils these criteria and is an excellent addition to the Series.