The Nature and Enforcement of Choice of Law Agreements

Ahmed, Mukarrum (2018) The Nature and Enforcement of Choice of Law Agreements. Journal of Private International Law, 14 (3). pp. 500-531. ISSN 1744-1048

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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.

Item Type:
Journal Article
Journal or Publication Title:
Journal of Private International Law
Additional Information:
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
Subjects:
ID Code:
125124
Deposited By:
Deposited On:
14 May 2018 08:38
Refereed?:
Yes
Published?:
Published
Last Modified:
20 Sep 2020 04:48