Place of Performance

Zusatztext Re-establishing or rather: revitalising, the place of performance as a central connecting factor in the conflict of laws of contract is quite a feat ... The present study is a very brave and remarkably considered attempt to topple Art. 4 Rome I Regulation ... what a terrific challenge this book presents! Informationen zum Autor Chukwuma Okoli is Post-Doctoral Researcher in Private International Law at the TMC Asser Institute, The Hague, the Netherlands.Offers a new perspective on the role of the place of performance in international commercial contracts Zusammenfassung 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. Inhaltsverzeichnis 1. IntroductionI. 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 ofthe 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...

Préface
Offers a new perspective on the role of the place of performance in international commercial contracts

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

Résumé
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.

Contenu

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