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Vol 24 No 8 Aug/Sept 2019

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Party Autonomy in Contractual Choice of Law in China


ISBN13: 9781107169173
Published: March 2018
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £85.00
Paperback edition , ISBN13 9781108738323



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The principle of party autonomy in contractual choice of law is widely recognised in the law of most jurisdictions. It has been more than 30 years since party autonomy was first accepted in Chinese private international law. However, the legal rules provided in legislation and judicial interpretations concerning the application of the party autonomy principle are abstract and open-ended. Without a critical understanding of the party autonomy principle and appropriate interpretations of the relevant legal rules, judges have not exercised their discretionary power appropriately.

The party autonomy principle has been applied in a way that undermines its very purpose, that is, to protect the legitimate expectations of the parties and promote the predictability of outcomes in transnational commercial litigation. Jieying Liang addresses the question of how, when, and with what limitations, parties' choice of law clauses in an international commercial contract should be enforced by Chinese courts.

Subjects:
Other Jurisdictions , China
Contents:
1. The development of the party autonomy principle in China
2. The background to the development of party autonomy
3. The existence and validity of parties' choice of law
4. The 'law' that can be chosen by parties
5. Statutory restrictions on party autonomy (I)
6. Statutory restrictions on party autonomy (II)
7. Ascertainment of the foreign law chosen by parties
8. Contractual choice of law under the 'One Country, Two Systems' regime
9. The party autonomy principle in the context of the Chinese legal system.