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Vol 24 No 1 Jan/Feb 2019

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Party Autonomy in Private International Law


ISBN13: 9781107079175
Published: August 2018
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £120.00



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This book provides an unprecedented analysis and appraisal of party autonomy in private international law - the power of private parties to enter into agreements as to the forum in which their disputes will be resolved or the law which governs their legal relationships.

It includes a detailed exploration of the historical origins of party autonomy as well as its various theoretical justifications, and an in-depth comparative study of the rules governing party autonomy in the European Union, the United States, common law systems, and in international codifications.

It examines both choice of forum and choice of law, including arbitration agreements and choice of non-state law, and both contractual and non-contractual legal relations. This analysis demonstrates that while an apparent consensus around the core principle of party autonomy has emerged, its coherence as a doctrine is open to question as there remains significant variation in practice across its various facets and between legal systems.

Subjects:
Conflict of Laws
Contents:
1. Introduction
2. Historical and theoretical foundations of party autonomy
3. Choice of court agreements: effects and effectiveness
4. Choice of court agreements and non-contractual claims
5. Limits on party autonomy in choice of court
6. Arbitration agreements
7. Choice of law in contract
8. Choice of law in non-contractual relations
9. Limits on party autonomy in choice of law
10. Choice of non-state law
11. Conclusions.