Autonomy in International Contracts

Author: Peter E. Nygh
Published: June 1999
Publisher: Oxford University Press
ISBN: 0198262701
Hardcover Book
Number of Pages: 320

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This book explores the source and extent of the right of parties to an international contract to make appropriate arrangements for the determination of their legal relationship, primarily by selecting the applicable law, but also by selecting the judicial or arbitral forum. The book focuses on the legal systems of the United States, the Commonwealth jurisdictions and the civil law countries of western and central Europe, taking as a starting point the provisions of the several Hague Conventions on the Choice of Law in Sales and other Contracts, the Rome Convention of 1980 on the Law Applicable to International Contracts and the Mexico Convention of 1994 on the same topic, as well as modern legislation on conflicts of law. This fascinating analysis, written from the author's unique perspective, will be welcomed by practitioners and scholars alike.

Table of Contents
General Editor's Preface
Preface
Table of Cases and Arbitral Decisions
Table of Legislation
Table of International Instruments
1 Introduction
2 The Source of the Autonomy
3 The Limits on the Exercise of Autonomy
4 The Validity of the Choice of Law Clause
5 The Implied or Tacit Choice
6 Contract Splitting
7 The Protection of the Weaker Party
8 The 'Contrat Sans Loi'
9 Mandatory Rules
10 The Interrelationship between Choice of Law in Contract and Tort
11 The Summation
Bibliography
Index

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