The principle of party autonomy in contractual choice of law is
widely recognised in the law of most jurisdictions. It has been
more than thirty years since party autonomy was first accepted in
Chinese private international law. However, the legal rules
provided in legislation and judicial interpretations concerning the
application of the party autonomy principle are abstract and
open-ended. Without a critical understanding of the party autonomy
principle and appropriate interpretations of the relevant legal
rules, judges have not exercised their discretionary power
appropriately. The party autonomy principle has been applied in a
way that undermines its very purpose, that is, to protect the
legitimate expectations of the parties and promote the
predictability of outcomes in transnational commercial litigation.
Jieying Liang addresses the question of how, when, and with what
limitations, parties' choice of law clauses in an international
commercial contract should be enforced by Chinese courts.
General
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