ABSTRACT

We have anticipated jurisdictional issues in earlier chapters. Chapter 2 stated that economising on litigation costs should be a priority of private international law. Chapters 3 and 4 discuss forum defaults and their relation to mandatory rules. Chapter 5 notes that the existence of multiple jurisdictions favours a passive approach to the enforcement of choice of law clauses in market torts. Chapter 6 advocates a choice of law rule applicable to market torts on the ground that it induces cost-minimising jurisdictional choices. Chapter 7 describes the relevance of jurisdictional monopolies to immovable property. This chapter extends the earlier work by theorising the assertion of jurisdiction and multistate civil procedure.