THIS BOOK COMPARES AND EXPLAINS THE APPROACHES TAKEN BY ASIAN COURTS
WHEN CHOICE OF FORUM CLAUSES IN INTERNATIONAL COMMERCIAL CONTRACTS ARE
CHALLENGED IN LITIGATION.
It examines key common law jurisdictions (Singapore, Hong Kong and
Malaysia), civil law jurisdictions (China, Japan, and Indonesia), and
hybrid jurisdictions (the Philippines).
With Asia's ascent in cross-border trade and investment, alongside a
corresponding increase in cross-border litigation, understanding how
Asian courts address choice of forum clauses in international
commercial contracts has never been more critical. Employing a
comparative law method, the book identifies and explains the relief
and remedies used by Asian courts in enforcing choice of forum
clauses, analysing how their classification as either contractual or
procedural in nature shapes judicial approaches. It further
distinguishes choice of forum clauses from arbitration agreements and
explores their interaction with other contractual provisions. Party
autonomy – as the parties' freedom to determine the contents of the
choice of forum clause and the freedom to control the flow of
litigation – is also critically scrutinised.
Furthermore, the book investigates the factors courts consider in
resolving key choice of forum clause issues (ie, enforceability;
specific relief to be granted; existence, validity, interpretation of
choice of forum clauses; role of mandatory rules, public policy, and
international interests) and explores the prospects for future
development of this area of law in Asia.
Crucially, the book highlights the unique approaches of Asian courts,
while underscoring the differences and similarities among common law,
civil law, and hybrid jurisdictions.
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Produktdetaljer
ISBN
9781509967537
Publisert
2025
Utgave
1. utgave
Utgiver
Bloomsbury UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter