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

Max Planck Private Law Research Paper No. 21/5

40 Pages Posted: 3 Mar 2021

See all articles by Louise Merrett

Louise Merrett

University of Cambridge - Faculty of Law

Antonia Sommerfeld

Max Planck Institute for Comparative and International Private Law

Abstract

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

Suggested Citation

Merrett, Louise and Sommerfeld, Antonia, 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, Max Planck Private Law Research Paper No. 21/5, Available at SSRN: https://ssrn.com/abstract=3796317

Louise Merrett (Contact Author)

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

Antonia Sommerfeld

Max Planck Institute for Comparative and International Private Law ( email )

Mittelweg 187
Hamburg, D-20148
Germany

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