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Pinar Kutluktemur

Pinar

Profile

Thesis title

The emergence and persistence of ambiguity in the litigation of choice of law and jurisdiction of the cross-border commercial contracts in the absence of an express agreement in the aftermath of Brexit (in the UK).

Supervisors

Summary of research

In the aftermath of Brexit, an ambiguity has emerged (and does still continue) regarding the litigation of choice of law and jurisdiction of the cross-border commercial contracts in the absence of an express agreement.

In English litigation, in the pre-Brexit period, the choice of the applicable law was broadly governed by Rome 1 (EC Regulation 593/2008).

Another concept related to litigation of cross-border commercial contracts is the notion of 'choice of jurisdiction'. In the UK, the choice of jurisdiction in the Pre-Brexit was governed by the Recast Brussel 1 – in other terms, Regulation (EU) No.1215/2012.

After Brexit, the Rome 1 has been adopted into domestic English law as "retained law”  under the Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019.   As a result, scholars preliminary argued about returning to the "old common law rules".  However, it could also be doubted that the old English common rules provide a framework similar to Rome 1.

Brexit has also significantly affected the choice of jurisdiction clauses. The Brussels 1 Recast Regulation has ceased to apply in the UK after Brexit. The UK had no option other than being compelled to the Hague Convention on Choice of Court Agreements.   However, there are critical unclarities within the Hague Convention. For instance, article 1 of the Hague Convention states that the convention shall only apply the exclusive choice of court agreements. There is also an unclarity regarding the Hague Convention application on asymmetric law or optional clauses.

Therefore, it is remarkable why such an uncertainty or legal gap has not been resolved in a prominent country like the UK, and that there is no comprehensive study in the literature on the reasons for this unresolved situation or how it can be resolved.

Biography

Pinar completed her LLB (Hons) with First-Class Honours at the University of Hertfordshire. After successfully completing her LLB studies, she pursued a Masters in Law with which she completed with a distinction as well as Legal Practice Course to analyse and understand both academic and practical side of Law, specifically, Commercial Law.

Pinar also has various work experience from reputable law firms in London where she worked as paralegal during her studies as her field of study requires practical understanding of law. She also workd as volunteer for the community.

She is keen to be a successful academic, and very passionate about her studies. She is currently a PhD student at the Queen Mary university of London, based in Centre for Commercial Law Studies (CCLS).

Research

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