Home > Research > Publications & Outputs > The Nature and Enforcement of Choice of Law Agr...

Electronic data

  • Choice of Law Agreements JPrivIntL - M Ahmed

    Rights statement: This is an Accepted Manuscript of an article published by Taylor & Francis in Journal of Private Law International on 29/10/2018, available online: https://www.tandfonline.com/doi/full/10.1080/17441048.2018.1525062

    Accepted author manuscript, 415 KB, PDF-document

    Embargo ends: 29/04/20

    Available under license: CC BY-NC: Creative Commons Attribution-NonCommercial 4.0 International License

Links

Text available via DOI:

View graph of relations

The Nature and Enforcement of Choice of Law Agreements

Research output: Contribution to journalJournal article

Published
<mark>Journal publication date</mark>2018
<mark>Journal</mark>Journal of Private International Law
Issue number3
Volume14
Number of pages32
Pages (from-to)500-531
StatePublished
Early online date29/10/18
Original languageEnglish

Abstract

This article seeks to examine the fundamental juridical nature, classification and enforcement of choice of law agreements in international commercial contracts. At the outset, it will be observed that the predominance of jurisdictional disputes in international civil and commercial litigation has displaced choice of law issues to the periphery. The inherent dialectic between the substantive law paradigm and the internationalist paradigm of party autonomy will be harnessed to provide us with the necessary analytical framework to examine the various conceptions of such agreements and aid us in determining the most appropriate classification of a choice of law agreement. A more integrated and sophisticated understanding of the emerging transnationalist paradigm of party autonomy will guide us towards a conception of choice of law agreements as contracts, albeit contracts that do not give rise to promises inter partes. This coherent understanding of both the law of contract and choice of law has significant ramifications for the enforcement of choice of law agreements.

Bibliographic note

This is an Accepted Manuscript of an article published by Taylor & Francis in Journal of Private Law International on 29/10/2018, available online: https://www.tandfonline.com/doi/full/10.1080/17441048.2018.1525062