Place of Performance: A Comparative Analysis - Chukwuma Okoli

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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....

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

Sommaire:

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