Party Autonomy in Private International Law
Party Autonomy in Private International Law
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.
- Provides a broad comparative analysis of the rules governing party autonomy in various legal systems
- Presents a detailed analysis of the rules governing party autonomy across both choice of forum and choice of law, for both contractual and non-contractual disputes, helping readers to understand the extent to which these agreements are given effect consistently in practice across a variety of different contexts
- Examines party autonomy both in relation to state and non-state forums and the choice of state and non-state law, as well as the historical and theoretical origins of party autonomy
Reviews & endorsements
'Alex Mills, of University College London, has undertaken a comprehensive analysis of party autonomy, the result of which is this stunning book, introducing an equilibrated approach to the theme, covering not only historical background and theoretical justifications of the principle but also a comparative study of the relevant rules of different jurisdictions. … the many magnificent features of this entirely faultless book enable the reviewer unhesitatingly to recommend it to academics and scholars who are seriously concerned with private international law, not disregarding its value also for practitioners engaged in the field. Postgraduate students could also highly benefit from this essential resource for their conflicts of laws module. No more needs to be said, apart from buying the book and giving it pride of place in your library.' Aygun Mammadzada, Journal of Business Law
'Mr Mills' approach is resolutely comparative, and it is one of the great contributions of the book. Far from focusing on European private international law or English law, the author presents, on each of the topics he addresses, the solutions adopted in a wide range of legal orders and in international instruments. … Mr Mills' book represents a remarkable synthesis of the position in English speaking legal systems on the various questions related to party autonomy, offering the most interesting perspective on the solutions adopted in each legal order.' Gilles Cuniberti, Revue Critique de Droit International Privé
'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
Product details
August 2018Hardback
9781107079175
592 pages
235 × 158 × 34 mm
0.96kg
1 table
Available
Table of Contents
- 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.
