Archive for the ‘Canadian Business Law Journal’ Category

Book Review by Vaughan Black of Adrian Briggs, Agreements on Jurisdiction and Choice of Law

October 4, 2010
The latest edition of the Canadian Business Law Journal ((2010), 49 (No.2) C.B.L.J. 185-343) (subscription required) contains a book review by  Professor Vaughan Black (Schulich School of Law) of Adrian Briggs, Agreements on Jurisdiction and Choice of Law , (Oxford, Oxford University Press, 2008, xlix and 572 pp., £348). Here is a brief excerpt:
“[Briggs’s book is] an extended scholarly essay on the central role that jurisdiction and choice of law terms should play and the deference that courts should give to them. It is 600 pages of pacta sunt servanda . While Briggs acknowledges that the “autonomy of contracting parties is not boundless,” his chief theme is that [A feature] of a mature legal system is that persons who have legal capacity should be able to make agreements in such terms as they consider to serve their interests, and should be able to expect the courts, or other dispute resolution tribunals, to be prepared to enforce them according to their terms.”

…Briggs’s book is likely to be of use, mainly as a resource for those charged with drafting EFS [Exclusive Forum Selection] and choice of law provisions, or those with the chore of litigating the scope of such terms.”

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