The Nexus of Forums: A Contractual Theory of Jurisdiction Over the Corporation

42 Pages Posted: 1 Jan 1999

See all articles by Michael J. Whincop

Michael J. Whincop

Griffith University - Griffith Law School

Mary Keyes

Griffith University - Griffith Law School

Multiple version iconThere are 2 versions of this paper

Date Written: September 1998

Abstract

The private international legal rules applicable to the assertion of jurisdiction over corporations have remained basically the same over the last fifty years. This article examines the role and content of jurisdiction rules by synthesizing of private international law with the contractual theory of the corporation. This synthesis helps to illuminate the important role of jurisdiction in any exposition of the rights arising from corporate contracts. The economic theory that describes the relative desirability of alternative legal rules applicable to corporate contracts is also useful in the analysis of jurisdictional rules. We show that the ontological assumptions underpinning extant jurisdictional rules are specious and the rules themselves are probably inefficient. The article proposes, amongst other things, a more liberal entitlement to assert jurisdiction over a corporation in contract cases, as a means of directing parties to state their jurisdictional preferences ex ante.

JEL Classification: K22, K41

Suggested Citation

Whincop, Michael J. and Keyes, Mary, The Nexus of Forums: A Contractual Theory of Jurisdiction Over the Corporation (September 1998). Available at SSRN: https://ssrn.com/abstract=142949 or http://dx.doi.org/10.2139/ssrn.142949

Michael J. Whincop (Contact Author)

Griffith University - Griffith Law School ( email )

Nathan Campus, GU
Nathan 4111
Australia
+617 3875 6559 (Phone)
+617 3875 5599 (Fax)

Mary Keyes

Griffith University - Griffith Law School ( email )

Nathan Campus, GU
Nathan 4111
Australia

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