Title: Place of Performance: A Comparative Analysis (Studies in Private International Law)
Publisher: Hart Publishing
Publication Date: 2021
Language: English
ISBN 10: 1509943854
ISBN 13: 9781509943852
Binding: Soft cover
Condition: New

About this title

Synopsis

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.

About the Authors

Chukwuma Samuel Adesina Okoli is Assistant Professor in Commercial Conflict of Laws at the University of Birmingham, UK.

Paul Beaumont FRSE is Professor of Private International Law at the University of Stirling.

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