Lloyd's Maritime and Commercial Law Quarterly
BOOK REVIEW - GOVERNING LAW RISKS IN INTERNATIONAL BUSINESS TRANSACTIONS.
Adrian Briggs
KC
Emeritus Professor of Private International Law, University of Oxford
Philip R Wood CBE KC (Hon). OUP, Oxford (2022). xxx (no tables) and 316 pp (no footnotes) plus 16 pp Index. ISBN 978-0192888648. Hardback £137.50.
This is an unusual book. Its preface identifies its purpose as to be “a new kind of law book …
designed to bring new life into comparative law … intended to be read from cover to cover like a non-fiction book”. Over the years, Mr Wood has produced several books dealing with technical commercial law of the highest importance. This is not, and would not claim to be, numbered among them.
The basic theme appears to be that, if parties to commercial contracts, which may deal with promises and assets worth billions, wish to know what law will be applied to their contracts, they had better choose it. If they want to know what the consequences of their choice may be, better make that choice in favour of English or New York law. If they want to maximise the chance of being able to sue or defend in a court which respects the choices made, and offers stable dispute resolution, they had better choose and designate the court or tribunal of preference. If they wish to be able to exercise and defend their contractual rights in the context of the counter-party’s insolvency, they should be aware that they will fare differently from one court to another. If one considers the hazards of contracting and of defending the integrity of what has been agreed to in terms of risk, then, while exercising no choice in respect of such matters carries the greatest risk of unhappy outcomes, making the wrong choice risks, perhaps, being even more frustrating.
530