Party Autonomy in Private International Law

Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law.

Alex Mills (Author)

9781107079175, Cambridge University Press

Hardback, published 16 August 2018

592 pages, 1 table
23.5 x 15.8 x 3.4 cm, 0.96 kg

'Party Autonomy in Private International Law … achieves its target through insightful and interesting discussion on issues which are pertinent now and on issues which may become pertinent in the future. All in all, it is a work to be praised, offering food for thought for both theorist and practitioner alike.' Anthony Kennedy, Lloyd's Maritime and Commercial Law Quarterly

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.

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.

Subject Areas: Private international law & conflict of laws [LBG], International law [LB]