Place of Performance : A Comparative Analysis.

Format:

Book

Author/Creator:

Okoli, Chukwuma.

Series:

Studies in Private International Law

Studies in private international law

Language:

English

Physical Description:

1 online resource (313 pages).

Edition:

First edition.

Place of Publication:

London : Bloomsbury Publishing Plc, 2020.

Summary:

"This book provides an unprecedented analysis on the place of performance. The central theme is that the place of performance is of considerable significance as a connecting factor in international commercial contracts. This book challenges and questions the approach of the European legislator for not explicitly giving special significance to the place of performance in determining the applicable law in the absence of choice for commercial contracts. It also contains, inter alia, an analogy to matters of foreign country mandatory rules, and the coherence between jurisdiction and choice of law. It concludes by proposing a revised Article 4 of Rome I Regulation, which could be used as an international solution by legislators, judges, arbitrators and other stakeholders who wish to reform their choice of law rules."-- Provided by publisher.

Contents:

Intro

Series Editor's Preface

Acknowledgements

Table of Contents

Table of Cases

Table of Legislation, International Conventionsand Policy Documents

1. Introduction

I. Background

II. Scope of the Applicable Law: Place of Performance

III. Originality

IV. Methodology

V. Structure and Summary of the Book

VI. Some Observations on Terminology

2. Historical Analysis on the Place of Performance as a Choice of Law Rule

I. Introduction

II. Pre-Rome Convention

III. Rome Convention

IV. Rome I Regulation Proposal

V. Conclusion

3. Should the Place of Performance be Given Special Significance under a Revised Article 4 of Rome I Regulation?

II. A Critical Analysis of the Rationale for the Doctrine of the Habitual Residence of the Characteristic Performer

III. Escape Clause and the Place of Performance

IV. Moving Towards the Place of Characteristic Performance: Some Issues

V. Conclusion

4. Article 9(3) of Rome I Regulation: Place of Performance as an Expression of the Principle of Proximity

II. A Historical and Comparative Analysis: Pre-Rome Convention

III. Article 7(1) of the Rome Convention: The Principle of Proximity and the Place of Performance

IV. Article 8(3) of the Rome I Proposal: The Principle of Proximity and the Place of Performance

V. Article 9 of Rome I Regulation

VI. Should Article 9(3) of Rome I Regulation be Suppressed?

VII. Conclusion

5. Coherence between Jurisdiction and Choice of Law: Implications for the Place of Performance

II. Types of Coherence between Jurisdiction and Choice of Law

III. Historical Connection between the EU Jurisdiction and Choice of Law Regimes for Commercial Contracts: A Critical Analysis

IV. Choice of Law as a Determinant of Jurisdiction under Article 7(1)(a) of Brussels Ia

V. What are the Differences between Choice of Law and Jurisdiction which Militate against Resolving them in the Same Manner?

VI. Why do European Jurisdiction Rules Support the Claim on the Significance of the Place of Performance of the Commercial Contract in Choice of Law Matters?

6. Legislative Proposal

I. Background

II. Proposed Model of a Revised Article 4 of Rome I Regulation and Accompanying Recitals

III. Alternative Proposal

7. Conclusion

I. Summary of the Research Findings

II. Transmission of the Model of the Revised Article 4 of Rome I Regulation to Other Countries or Legal Systems

III. Final Word

Bibliography

Index

Notes:

Includes bibliographical references and index.

Description based on publisher supplied metadata and other sources.

ISBN:

9781509936236

OCLC:

1151194613