A Note on the Autonomy of the Parties' Agreement on Choice of Law

8 Pages Posted: 29 Oct 2012

See all articles by Andrew Dickinson

Andrew Dickinson

University of Oxford - Faculty of Law; University of Oxford

Date Written: October 29, 2012


In November, members of the Hague Conference on Private International Law will meet to discuss the draft Hague Principles on Choice of Law in International Contracts. The draft Principles were produced by an expert working group, established in 2009 to consider the topic and which met on three occasions between 2009 and 2011 to discuss the Principles, and their detailed formulation. Three working papers which the author prepared as a member of the Working Group have been uploaded to this site in their original form. The first (SSRN Abstract ID: 2168056, prepared in July 2010) addresses issues as to the place of public policy and mandatory rules in the draft Principles, and provides the basis on which Art. 11 of the draft Principles was prepared. The second (SSRN Abstract ID: 2168057, prepared in June 2011) updates that note in light of the discussions within the Working Group. The third (SSRN Abstract ID: 2168058, prepared in June 2011) considers issues of the material validity of a choice of law agreement, and its independence from the contract of which it forms part.

Keywords: private international law, conflict of laws, choice of law, party autonomy, hague conference on private International law, draft hague principles on choice of law in international commercial contracts, consent, material validity, separability

JEL Classification: K10, K20, K30, K33

Suggested Citation

Dickinson, Andrew, A Note on the Autonomy of the Parties' Agreement on Choice of Law (October 29, 2012). Sydney Law School Research Paper No. 12/83. Available at SSRN: https://ssrn.com/abstract=2168058

Andrew Dickinson (Contact Author)

University of Oxford - Faculty of Law ( email )

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University of Oxford ( email )

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