Institute News
Ius Commune/Global law Lecture Series
Prof. Hein Kötz: Presents lecture on the topic of The Jurisdiction of Choice: England and Wales or Germany?
Chair: The Right Honourable Lady Justice Arden DBE 
Lady Justice Arden DBE and Prof. Hein Kötz
Continuing in the series of Ius Commune/Global law Lecture Series, on January 20th, Professor Kötz examined the statements made in the brochures, 'England and Wales: The Jurisdiction of Choice' published by the Law society in 2007, and 'Law - Made in Germany' published by the German lawyers' associations in 2009. These asserted, that a codified law is more rigid and prescriptive. That the availability of a general provision on good faith in the German Civil Code breeds uncertainty and leads to an influx of contractual morality. Both brochures set out, in no uncertain terms, why parties should select English or German law as the law governing their contracts, and why they should opt for English or German courts as the best forum to resolve their disputes. The questions, "Does a certain 'commercial flavour' emanate from English contract law, and is it based on the view that 'it is better that the law should be certain than that in every case it should be just'?", and "What are the specific strengths and weaknesses of English and German civil procedure?" were considered.
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