Place of Performance: A Comparative Analysis

Erscheinungsjahr 2020
ISBN: 978-1-5099-3620-5
Verlag: HART PUB

Buch, Englisch, 312 Seiten, Hardback, Format (B × H): 156 mm x 236 mm, Gewicht: 620 g

Reihe: Studies in Private Internation

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.

Autoren/Hrsg.

Okoli, Chukwuma

Okoli, Chukwuma Samuel Adesina

Beaumont, Paul

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Privatrecht

Inhaltsverzeichnis

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?

I. Introduction

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

I. Introduction

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

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

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

V. Article 9 of Rome I Regulation

VII. Conclusion

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

I. Introduction

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?

VII. Conclusion

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

Über Autor(innen)

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

Chukwuma Okoli is Post-Doctoral Researcher in Private International Law at the TMC Asser Institute, The Hague, the Netherlands.