Place of Performance: A Comparative Analysis

(Paperback)

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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.

Reviews

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! -- Peter Mankowski, University of Hamburg * European Union Private Law Review *

Author Bio

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