Ms Brooke Marshall

BA/ LL B (Hons), The University of Queensland; Graduate Diploma in Legal Practice, Australian National University; Admitted to practise as a lawyer, Supreme Court of Queensland

Brooke Marshall is a Lecturer at the Faculty of Law, UNSW, specializing in cross-border disputes. Her research focuses on comparative and private international law, particularly contract conflicts and jurisdiction. She has published several articles in these fields, most recently in the American Journal of Comparative Law, and is an Editor of the blog Conflictoflaws.net. Prior to joining the Faculty, Brooke was a Senior Research Fellow at the Max Planck Institute for Comparative and International Private Law, where she completed her doctoral thesis summa cum laude through the University of Hamburg. In 2016, she was awarded the Diploma of The Hague Academy of International Law and was a Visiting Fellow at the Faculty of Law of the University of Cambridge. Outside of academia, she has worked as an Associate to the Honourable Justice Keane while Chief Justice of the Federal Court of Australia, as a litigation lawyer at Allens Linklaters and at the intergovernmental organization, the Hague Conference on Private International Law, in the Netherlands. Brooke speaks English, French and German.

Profile Picture
Book Chapters

Marshall B, 2019, 'The 2005 Hague Convention: A Panacea for Non-Exclusive and Asymmetric Jurisdiction Agreements Too?', in Douglas M; Bath V; Keyes M; Dickinson A (ed.), Commercial Issues in Private International Law: A Common Law Perspective, edn. Studies in Private International Law, Hart Publishing, Oxford, pp. 91 - 127

Conference Papers

Duden K; Engel A; Marshall BA, 2015, 'The XIXth International Congress of Comparative Law – 20 to 26 July 2014, Vienna', Zeitschrift für Europäisches Privatrecht, Austria, presented at XIXth International Congress of Comparative Law, Austria, 20 - 26 July 2014

Journal articles

Marshall B, 2018, 'The Hague Choice of Law Principles, CISG, and PICC: A Hard Look at a Choice of Soft Law†', The American Journal of Comparative Law, vol. 66, pp. 175 - 217, http://dx.doi.org/10.1093/ajcl/avy007

Marshall BA; Keyes M, 2017, 'Australia’s Accession to the Hague Convention on Choice of Court Agreements', Melbourne University Law Review, vol. 41, pp. 246 - 283, https://law.unimelb.edu.au/__data/assets/pdf_file/0006/2494338/07-Marshall-and-Keyes.pdf

Marshall BA, 2016, 'Imbalanced Jurisdiction Clauses under the Lugano Convention - Judgment of the French Cour de Cassation of 25 March 2015', Zeitschrift für Europäisches Privatrecht, vol. 24, pp. 515 - 527, http://hdl.handle.net/21.11116/0000-0002-4CDB-3

Keyes M; Marshall BA, 2015, 'Jurisdiction agreements: exclusive, optional and asymmetrical', Journal of Private International Law, vol. 11, pp. 345 - 378, http://dx.doi.org/10.1080/17441048.2015.1106718

Pertegás M; Marshall BA, 2014, 'Intra-Regional reform in East Asia and the new Hague Principles on Choice of Law in International Commercial Contracts', 국제사법연구 Korea Private International Law Journal, vol. 20, pp. 391 - 428, https://www.researchgate.net/publication/318859009_Intra-regional_reform_in_East_Asia_and_the_new_Hague_Principles_on_Choice_of_Law_in_International_Commercial_Contracts

Pertegás M; Marshall BA, 2014, 'Party Autonomy and its Limits: Convergence through the New Hague Principles on Choice of Law in International Commercial Contracts', Brooklyn Journal of International Law, vol. 39, pp. 975 - 1003, https://brooklynworks.brooklaw.edu/bjil/vol39/iss3/2/

Marshall BA, 2012, 'Reconsidering the Proper Law of the Contract', Melbourne Journal of International Law, vol. 13, pp. 505 - 539, https://www.researchgate.net/publication/318859373_RECONSIDERING_THE_PROPER_LAW_OF_THE_CONTRACT

Reports

Marshall BA; Keyes M, 2016, Submission to the Joint Standing Committee on Treaties: Inquiry on Australia’s Accession to the Hague Convention on Choice of Court Agreements, https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Treaties/15_March_2016/Submissions

Diploma of The Hague Academy of International Law (Private International Law)

Peter Nygh Hague Conference Internship Award

Private international law; Cross-border contracting; Comparative law; Jurisdiction

Currently Teaching

Conflict of Laws (LAWS3382, JURD7482)