The Choice of Law Contract

This book offers a contractual framework for the regulation of party autonomy in choice of law. The party autonomy rule is the cornerstone of any modern system of choice of law; embodying as it does the freedom enjoyed by parties to a cross-border legal relationship to agree on the law applicable to it. However, as this study shows, the rule has a major shortcoming due to its failure to give due regard to the contractual function of the choice of law agreement. By looking at the existing law from several jurisdictions (including both common and civil law jurisdictions), and international agreements it clearly sets out the existing law on the choice of law. Moreover, it suggests a new coherent approach to party autonomy that integrates both the law of contract and choice of law. This important new study should be read with interest by private international law scholars.

Maria Hook is a Lecturer in Law at the University of Otago.