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.
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