Location, Location: Jurisdiction & Conflicts in Transborder Contract Litigation

NYU Lectures on Transnational Litigation, Arbitration and Commercial Law, No. 2, December 2013. ISBN 978-1-939029-18-8

56 Pages Posted: 10 Jan 2014

Date Written: December 1, 2013

Abstract

In transborder contract litigation place-based factors are often decisive, both as regards jurisdiction to adjudicate as well as the rules which determine the applicable substantive law. Relevant locations include the place where the contract was made, where the parties reside, transact business or own property, the place of delivery, payment or other performance etc. Using concrete case-based examples, Professor Lookofsky explains how rules of jurisdiction and contract conflicts in Europe are tied to rigidly defined, single-place-based factors. In the United States, by contrast, such determinations comprise a mélange of place-based factors and complex evaluations as to what seems reasonable in the concrete case.

Keywords: Jurisdiction, Conflict of laws, Comparative law.

Suggested Citation

Lookofsky, Joseph, Location, Location: Jurisdiction & Conflicts in Transborder Contract Litigation (December 1, 2013). NYU Lectures on Transnational Litigation, Arbitration and Commercial Law, No. 2, December 2013. ISBN 978-1-939029-18-8. Available at SSRN: https://ssrn.com/abstract=2367167

Joseph Lookofsky (Contact Author)

University of Copenhagen ( email )

Faculty of Law
Studiestraede 6
Copenhagen, 1455 K
Denmark

HOME PAGE: http://jura.ku.dk/english/staff/research/?id=146772&vis=medarbejder

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