Incentives for Choice of Law and Forum in Commercial Contracts: Predicting the Impact of Brexit
European Review of Private Law (ERPL), Vol. 28, No. 3, pp. 627–664, September 2020
40 Pages Posted: 3 Mar 2021
Looking at the empirical data, English law and England as a forum are currently businesses’ prevailing choice for dispute resolution in international commercial transactions in Europe. This article analyses the factors determining businesses’ choice of contract law and forum in and the underlying mechanisms for businesses’ choices. These findings will be used to analyse what possible effects and consequences Brexit may have for the London commercial courts and the choice of English contract law. Will there be a switch of focus in approaching European commercial contracts and dispute resolution? Or will Brexit impact little on London’s prevailing position in the market for dispute resolution and the choice of English law in international commercial contracts?
Note: This article is published in the Max Planck Private Law Research Paper Series with the permission of the rights owner, Kluwer Law International.
Keywords: Commercial Contracts, Choice of Law, Choice of Forum, Jurisdiction, Brexit, Competition of Legal Systems, Empirical Data
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