Autonomy in International Contracts

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Clarendon Press, 1999 - Law - 282 pages
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This book explores the source and extent of the right of parties to an international contract to make appropriate arrangements for the determination of their legal relationship, primarily by selecting the applicable law, but also by selecting the judicial or arbitral forum. The book focuseson the legal systems of the United States, the Commonwealth jurisdictions and the civil law countries of western and central Europe, taking as a starting point the provisions of the several Hague Conventions on the Choice of Law in Sales and other contracts, the Rome Convention of 1980 on the LawApplicable to International Contracts and the Mexico Convention of 1994 on the same topic, as well as modern legislation on conflicts of law. Nygh's aim is to discern a general consensus, where present, and to argue for a further development and extension of the principles of autonomy unhampered by historical notions of territoriality and sovereignty, which hitherto have sought to restrain it, with only such limitations as can bejustified for the protection of weaker parties or genuine state interests. This fascinating analysis, written from the author's unique perspective, will be welcomed by practitioners and scholars alike. This book is part of the Oxford Monographs in Private International Law series, the aim of which is to publish work of high quality and originality in a number of important areas of private international law. The series is intended for both scholarly and practitioner readers.
 

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Contents

Introduction
1
Autonomy and Choice of Forum
15
Autonomy and Arbitration
24
The Source of the Autonomy
31
Choice of Forum
37
Conclusion
44
Is a Connection with the Chosen Law Required?
55
That the Choice should be Bona Fide and Legal and
66
The Right to Split the Applicable Law
128
Substantive Autonomy
136
The Options
155
The Brussels and Lugano Conventions
166
Introduction
172
Objections to the Lex Mercatoria
182
Choice of the Lex Mercatoria
196
n The Mandatory Rules of the Forum and Lex Causae
212

Introduction
72
The Choice of Forum Clause
79
The Preliminary Question of the Exercise of Choice
86
The Existence of the Agreement on Choice of Law
92
Interpretation of the Choice of Law Clause
98
The Implied or Tacit Choice
104
The Time at Which Circumstances Must be Taken into
111
Introduction
122
Arbitration and Mandatory Rules
226
Conclusion
233
A solution based on the lex delicti
247
Restitution and Contract
253
The Relationship Between Autonomy and National Law
259
The Role of the Law Applicable to the Contract in Default
266
Index
279
Copyright

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About the author (1999)


Peter Nygh is an Australian academic and judge. He is Adjunct Professor in Law at the University of New South Wales, Sydney.

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