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Agreements on Jurisdiction and Choice of Law by Briggs, Adrian (20th March 2008)

5 Drafting Agreements

From: Agreements on Jurisdiction and Choice of Law

Adrian Briggs

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 16 November 2019

Subject(s):
Governing law clauses — Jurisdiction and the English courts — Forum non conveniens — Jurisdictional and choice of court agreements — Article 23 — Choice of law clauses — Contract
5.01 This chapter may seem out of place. Its natural home may appear to be in an appendix, where technicians might expect to find it, and not midway through the analysis of how these clauses work. This, though, would be a serious mistake. The control of private international law lies substantially in the hands of the parties: the parties to a contract as well as the parties to litigation. It would be irrational to explain the contractual nature of private international law while disdaining the rules and techniques of draftsmanship. Accordingly, this chapter will...
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