Autonomy in International Contracts
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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Autonomy and Choice of Forum
Autonomy and Arbitration
The Source of the Autonomy
Choice of Forum
Is a Connection with the Chosen Law Required?
That the Choice should be Bona Fide and Legal and
The Right to Split the Applicable Law
The Brussels and Lugano Conventions
Objections to the Lex Mercatoria
Choice of the Lex Mercatoria
n The Mandatory Rules of the Forum and Lex Causae
The Choice of Forum Clause
The Preliminary Question of the Exercise of Choice
The Existence of the Agreement on Choice of Law
Interpretation of the Choice of Law Clause
The Implied or Tacit Choice
The Time at Which Circumstances Must be Taken into
12th edn a-national accessory choice applicable law Applicable to Contracts arbitral tribunal Arbitration Act arbitration clause Article 3.1 Australia choice of forum choice of law chosen law civil common law Conflict of Laws Cour de cassation crit determine Dicey and Morris droit international effect enforcement English court English law exclude existence express choice French Giuliano and Lagarde habitual residence Hague Convention Ibid Insurance International Arbitration International Contracts International Law Statute International Sale IPRG Kommentar issue jurisdiction clause Kropholler Law Applicable law chosen law clause law governing law rules Law Statute 1987 legal system lex causae lex mercatoria Lloyd's Rep Lord Lord Diplock mandatory law mandatory rules Mexico Convention national law party autonomy principle Private International Law Privatrecht proper law prorogation protection provisions Pty Ltd public policy question reference relevant Rome Convention Swiss Private International tion tort transaction UNCITRAL UNCITRAL Model Law UNIDROIT validity weaker party
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