Autonomy in International ContractsClarendon Press, 1999 - 282 pages 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 focuses on 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 Law Applicable 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 be justified 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. |
From inside the book
Results 1-5 of 18
Page ix
... Derogation 19 V. Autonomy and Arbitration 24 VI . The Decline and Fall of Autonomy ? 28 2. The Source of the Autonomy I. Choice of Law 31 1. The Choice : ' Free - floating or Earth Bound ' ? 2. The National Approach 31 3. International ...
... Derogation 19 V. Autonomy and Arbitration 24 VI . The Decline and Fall of Autonomy ? 28 2. The Source of the Autonomy I. Choice of Law 31 1. The Choice : ' Free - floating or Earth Bound ' ? 2. The National Approach 31 3. International ...
Page 15
Sorry, this page's content is restricted.
Sorry, this page's content is restricted.
Page 19
Sorry, this page's content is restricted.
Sorry, this page's content is restricted.
Page 20
Sorry, this page's content is restricted.
Sorry, this page's content is restricted.
Page 21
Sorry, this page's content is restricted.
Sorry, this page's content is restricted.
Contents
Introduction | 1 |
Autonomy and Choice of Forum | 15 |
VI | 28 |
Distinguished | 31 |
International Law or Custom as a Source | 35 |
II | 39 |
Is There a Law of the Forum? | 46 |
The Subjective Test | 52 |
Substantive Autonomy | 136 |
VI | 138 |
The Options | 155 |
Conclusion | 171 |
The Use of ANational Law | 177 |
National Recognition of the Lex Mercatoria | 185 |
Choice of the Lex Mercatoria | 196 |
The Mandatory Rules of the Forum and Lex Causae | 212 |
III | 79 |
The Form of the Clause | 91 |
The Substantial Validity of the Agreement as to Choice | 97 |
XI | 100 |
II | 111 |
52 | 117 |
Introduction | 122 |
The Right to Split the Applicable Law | 128 |
Common terms and phrases
12th edn 3rd edn applicable law Applicable to Contracts arbitral tribunal arbitration agreement arbitration clause Article 3.1 Australia choice of forum choice of law choose the applicable chosen law common law Conflict of Laws consumer Cour de cassation crit derogation determine Dicey and Morris dispute Droit international privé English courts English law exclude existence express choice Giuliano and Lagarde habitual residence Hague Convention Ibid Insurance intention international contract International Law Statute International Sale Internationales Privatrecht issue jurisdiction clause Kropholler Law Applicable law chosen law clause law governing law rules Law Statute 1987 legal system lex mercatoria Lloyd's Rep Lord Lord Diplock mandatory laws mandatory rules Mexico Convention national law party autonomy place of contracting principle Private International Law proper law prorogation protection provisions Pty Ltd Queensland question reference relevant Rome Convention Swiss Private International tion transaction UNCITRAL UNCITRAL Model Law validity York Arbitration Convention