Prof. Jonathan Harris on "Agreements on jurisdiction and choice of law"

Professor Jonathan Harris (Birmingham Law School) has published “Agreeements on jurisdiction and choice of law”, [2009] LMCLQ 537-561 (online subscription required). Here is the abstract:
This article offers a critical analysis of Professor Briggs’s recent book on jurisdiction and choice of law clauses. Centreal to his analysis are arguments as to: (i) the separable nature of jurisdiction and choice of law clauses as dispute resolution provisions; (ii) the double life of such clauses as provisions which confer jurisdiction and determine which law should be applied, but also as enforceable private contractual obligations between the parties; and (iii) the distinction drawn between rules of private international law which apply by agreement of the parties and those which apply in default. In this article, the present writer suggests that the first of these propositions can largely be accepted, albeit he questions the implications of such a conclusion. He also suggests that caution must be exercised in pursuing the second and third arguments too far and that the strictures of existing private international law rules are likely to inhibit the development of the remedy of damages for breaches of these clauses, especially where the second-guessing of the findings of courts of other [EU] Member States is involved.

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