ABSTRACT
A perennial question in choice of law is whether parties to a contract can select the jurisdiction whose law will govern their contract. This so-called ‘party autonomy’ problem is vexing and intriguing, in part because contemporary discussions often overlook in contemporary discussions. The party autonomy problem is more consequential than most issues in choice of law. But it is also important as a singular window into the intellectual fabric of choice of law and as a leading edge for new and potentially subversive insights …
Dane, Perry, Party Autonomy and the Challenge of Choice of Law (August 29, 2022) in Philosophical Foundations of Conflict of Laws (Oxford University Press, Roxana Banu, Michael Green, Ralf Michaels, eds, 2023, Forthcoming).
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