Party autonomy in private international law / Alex Mills, University College London.
"This book provides an unprecedented analysis and appraisal of party autonomy in private international law - the power of private parties to enter into agreements as to the forum in which their disputes will be resolved or the law which governs their legal relationships. It includes a detailed...
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Full Text (via Cambridge) |
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| Main Author: | |
| Format: | Electronic eBook |
| Language: | English |
| Published: |
Cambridge, United Kingdom ; New York, NY, USA :
Cambridge University Press,
2018.
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| Subjects: |
MARC
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| 245 | 1 | 0 | |a Party autonomy in private international law / |c Alex Mills, University College London. |
| 264 | 1 | |a Cambridge, United Kingdom ; |a New York, NY, USA : |b Cambridge University Press, |c 2018. | |
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| 520 | |a "This book provides an unprecedented analysis and appraisal of party autonomy in private international law - the power of private parties to enter into agreements as to the forum in which their disputes will be resolved or the law which governs their legal relationships. It includes a detailed exploration of the historical origins of party autonomy as well as its various theoretical justifications, and an in-depth comparative study of the rules governing party autonomy in the European Union, the United States, common law systems, and in international codifications. It examines both choice of forum and choice of law, including arbitration agreements and choice of non-state law, and both contractual and non-contractual legal relations. This analysis demonstrates that while an apparent consensus around the core principle of party autonomy has emerged, its coherence as a doctrine is open to question as there remains significant variation in practice across its various facets and between legal systems"-- |c Provided by publisher | ||
| 520 | |a "This book is the product of almost a decade of wrestling with these issues (I leave it to the reader to decide who, if anyone, has emerged victorious), drawing on the support of colleagues at the University of Cambridge and University College London, as well as the broader global community of private international lawyers. I am particularly grateful to the organisers of and participants in the following conferences or seminars, at which aspects of the research, as indicated, have been presented and discussed"-- |c Provided by publisher | ||
| 588 | 0 | |a Print version record. | |
| 505 | 0 | |a Cover; Half Title; Title page; Imprints page; Dedication; Contents; Acknowledgements; 1 Introduction; 1.1 Perspectives on Party Autonomy; 1.1.1 Party Autonomy from a State-Sovereigntist Perspective; 1.1.2 Party Autonomy from a Party-Sovereigntist Perspective; 1.1.3 Congruence or Competition; 1.2 Comparative Scope; 1.3 Distinctions and Exclusions; 1.3.1 Party Autonomy and Indirect Choice of Forum or Law through Control over 'Objective' Factors; 1.3.2 Party Autonomy and Submission to a Forum; 1.3.3 Party Autonomy and a Unilateral Undertaking to Submit to a Forum | |
| 505 | 8 | |a 1.3.4 Party Expectations as a Justification for an Objective Choice of Law Rule1.3.5 Party Autonomy and Contractual Autonomy; 1.3.6 Party Autonomy and the Incorporation by Reference of Rules of Law; 1.4 Five Questions of Consistency; 1.4.1 Consistency between Party Autonomy in Choice of Forum and Choice of Law; 1.4.2 Consistency between Party Autonomy in Contract and in Other Areas of Law; 1.4.3 Consistency between the Choice of Non-State Forums or Law and the Choice of State Forums or Law; 1.4.4 Consistency between Party Autonomy in Practice and Party Autonomy in Theory | |
| 505 | 8 | |a 1.4.5 Consistency between Legal Systems2 Historical and Theoretical Foundations of Party Autonomy; 2.1 Introduction; 2.2 Historical Foundations of Party Autonomy; 2.2.1 Historical Origins of Party Autonomy in Choice of Forum; 2.2.2 Historical Origins of Party Autonomy in Choice of Law; 2.2.3 Conclusions; 2.3 Normative Foundations of Party Autonomy; 2.3.1 Party Expectations and Private-Unilateral Justifications; 2.3.2 Public-Systemic Justifications -- Public Consequentialist Libertarianism; 2.4 Theoretical Concerns and Limits; 2.4.1 Authenticity; 2.4.2 Foreseeability | |
| 505 | 8 | |a 2.4.3 Public Interests and Values2.4.4 Justifiability; 2.4.5 Cross-Border Element; 3 Choice of Court Agreements: Effects and Effectiveness; 3.1 Introduction; 3.2 Exclusive and Non-Exclusive Jurisdiction Agreements; 3.3 Interpretation and Validity; 3.3.1 Presumptions Regarding Exclusivity; 3.3.2 Severability and the Applicable Law; 3.4 Positive and Negative Effects of Jurisdiction Agreements; 3.4.1 United States; 3.4.2 EU Law (Brussels I Regulation); 3.4.3 Common Law; 3.4.4 Hague Convention on Choice of Court Agreements 2005; 3.5 Asymmetrical Jurisdiction Agreements | |
| 505 | 8 | |a 3.6 Effects of Jurisdiction Agreements on Third Parties3.6.1 Common Law and Hague Convention on Choice of Court Agreements 2005; 3.6.2 United States; 3.6.3 Civil Law; 3.6.4 EU Law (Brussels I Regulation); 3.7 Conclusions; 4 Choice of Court Agreements and Non-Contractual Claims; 4.1 Introduction; 4.2 The Subject-Matter Scope of Choice of Court Clauses; 4.3 The Application of Choice of Forum Rules to Non-Contractual Claims; 4.3.1 EU Law (Brussels I Regulation); 4.3.2 Common Law; 4.3.3 United States; 4.3.4 Hague Convention on Choice of Court Agreements 2005; 4.4 Conclusions | |
| 650 | 0 | |a Conflict of laws. | |
| 650 | 0 | |a Liberty of contract. | |
| 650 | 7 | |a Conflict of laws. |2 fast |0 (OCoLC)fst00874831 | |
| 650 | 7 | |a Liberty of contract. |2 fast |0 (OCoLC)fst00997289 | |
| 776 | 0 | 8 | |i Print version: |a Mills, Alex. |t Party autonomy in private international law. |d Cambridge, United Kingdom ; New York, NY, USA : Cambridge University Press, 2018 |z 9781107079175 |w (DLC) 2018011055 |w (OCoLC)1020578228 |
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