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  • 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, 416 KB, PDF document

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

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The Nature and Enforcement of Choice of Law Agreements

Research output: Contribution to Journal/Magazine › Journal article › peer-review

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The Nature and Enforcement of Choice of Law Agreements. / Ahmed, Mukarrum.
In: Journal of Private International Law, Vol. 14, No. 3, 01.11.2018, p. 500-531.

Research output: Contribution to Journal/Magazine › Journal article › peer-review

Harvard

Ahmed, M 2018, 'The Nature and Enforcement of Choice of Law Agreements', Journal of Private International Law, vol. 14, no. 3, pp. 500-531. https://doi.org/10.1080/17441048.2018.1525062

APA

Ahmed, M. (2018). The Nature and Enforcement of Choice of Law Agreements. Journal of Private International Law, 14(3), 500-531. https://doi.org/10.1080/17441048.2018.1525062

Vancouver

Ahmed M. The Nature and Enforcement of Choice of Law Agreements. Journal of Private International Law. 2018 Nov 1;14(3):500-531. Epub 2018 Oct 29. doi: 10.1080/17441048.2018.1525062

Author

Ahmed, Mukarrum. / The Nature and Enforcement of Choice of Law Agreements. In: Journal of Private International Law. 2018 ; Vol. 14, No. 3. pp. 500-531.

Bibtex

@article{2b56f3fa27b642f4a321b3706b1ebac9,
title = "The Nature and Enforcement of Choice of Law Agreements",
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.",
keywords = "Choice of law agreement, choice of law clause, classification, promissory, declaratory, enforcement, breach, anti-suit injunction, damages, Rome I Regulation, Brussels Ia Regulation, mutual trust, effet utile ",
author = "Mukarrum Ahmed",
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",
year = "2018",
month = nov,
day = "1",
doi = "10.1080/17441048.2018.1525062",
language = "English",
volume = "14",
pages = "500--531",
journal = "Journal of Private International Law",
issn = "1744-1048",
publisher = "Taylor and Francis Ltd.",
number = "3",

}

RIS

TY - JOUR

T1 - The Nature and Enforcement of Choice of Law Agreements

AU - Ahmed, Mukarrum

N1 - 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

PY - 2018/11/1

Y1 - 2018/11/1

N2 - 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.

AB - 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.

KW - Choice of law agreement

KW - choice of law clause

KW - classification

KW - promissory

KW - declaratory

KW - enforcement

KW - breach

KW - anti-suit injunction

KW - damages

KW - Rome I Regulation

KW - Brussels Ia Regulation

KW - mutual trust

KW - effet utile

U2 - 10.1080/17441048.2018.1525062

DO - 10.1080/17441048.2018.1525062

M3 - Journal article

VL - 14

SP - 500

EP - 531

JO - Journal of Private International Law

JF - Journal of Private International Law

SN - 1744-1048

IS - 3

ER -