Party Autonomy in the Choice of Law: Some Insights from Australia

Sagi Peari, Saloni Khanderia

Research output: Contribution to journalArticlepeer-review

Abstract

The party autonomy doctrine represents a very central component of international commerce. According to this doctrine, the parties to an international contract have the freedom to determine the applicable law to govern their dispute. Thus, party autonomy becomes a significant doctrine that affects the nature and effect of cross-border commercial transactions. Furthermore, the doctrine plays a crucial role in addressing the legal challenges caused by the outbreak of the COVID-19 and the growing volume of online commerce that COVID-19 reality has enhanced. By taking Australia as a case study for the party autonomy doctrine, we explore the essential aspects of the doctrine and contemplate on what the future of this doctrine holds for businesses and consumers.
Original languageEnglish
Pages (from-to)275-296
Number of pages21
JournalLiverpool Law Review: a journal of contemporary legal issues
Volume42
Issue number2
DOIs
Publication statusE-pub ahead of print - 3 Mar 2021

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