TY - JOUR
T1 - Party autonomy in the choice of law under Indian and Australian private international law
T2 - some reciprocal lessons
AU - Khanderia, Saloni
AU - Peari, Sagi
PY - 2020/10/1
Y1 - 2020/10/1
N2 - The outbreak of the COVID-19 pandemic will affect the performance of several contracts and is likely to increase the number of disputes before the courts. In agreements with a foreign element, the adjudication of the rights and liabilities will depend on the applicable law. Most legal systems have embraced the doctrine of party autonomy and, accordingly, permit the parties to expressly select the law to govern the disputes that arise from international contracts. India and Australia are no exception to this trend. In general, the courts in both the commonwealth countries have reported having been influenced by judicial practices of one another to develop their own law. Despite their common law roots, the interpretations attached to the doctrine of party autonomy in the choice of law have varied in some respects in these countries. The paper analyses the judicial trends on the subject and demonstrates the role that party autonomy will play in resolving international disputes where the performance has been affected by the eventualities such as the COVID-19 pandemic in India and Australia. The paper delves into the manner in which the courts in India and Australia may offer reciprocal lessons to each another to revolutionise to interpret the doctrine of party autonomy in the choice of law.
AB - The outbreak of the COVID-19 pandemic will affect the performance of several contracts and is likely to increase the number of disputes before the courts. In agreements with a foreign element, the adjudication of the rights and liabilities will depend on the applicable law. Most legal systems have embraced the doctrine of party autonomy and, accordingly, permit the parties to expressly select the law to govern the disputes that arise from international contracts. India and Australia are no exception to this trend. In general, the courts in both the commonwealth countries have reported having been influenced by judicial practices of one another to develop their own law. Despite their common law roots, the interpretations attached to the doctrine of party autonomy in the choice of law have varied in some respects in these countries. The paper analyses the judicial trends on the subject and demonstrates the role that party autonomy will play in resolving international disputes where the performance has been affected by the eventualities such as the COVID-19 pandemic in India and Australia. The paper delves into the manner in which the courts in India and Australia may offer reciprocal lessons to each another to revolutionise to interpret the doctrine of party autonomy in the choice of law.
KW - COVID-19
KW - party autonomy
KW - conflict of laws
KW - international contracts
UR - http://www.scopus.com/inward/record.url?scp=85089374218&partnerID=8YFLogxK
U2 - 10.1080/03050718.2020.1804420
DO - 10.1080/03050718.2020.1804420
M3 - Article
AN - SCOPUS:85089374218
SN - 0305-0718
VL - 46
SP - 711
EP - 740
JO - Commonwealth Law Bulletin
JF - Commonwealth Law Bulletin
IS - 4
ER -