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KembaraXtra – Legal Terms – Party Autonomy
Party autonomy is the principle that parties to an international contract are free to choose the law governing their contract and the forum for resolving disputes.
Under the doctrine of the proper law of the contract, courts first determine whether the parties expressly or impliedly selected a governing law.
This principle is reflected in the Rome I Regulation, which states that a contract shall generally be governed by the law chosen by the parties.
In arbitration and alternative dispute resolution, parties may even select certain forms of non-state law, such as international commercial principles.
However, mandatory rules of the forum and considerations of public policy may override the parties’ chosen law in some circumstances.
Party autonomy is the principle that parties to an international contract are free to choose the law governing their contract and the forum for resolving disputes.
Under the doctrine of the proper law of the contract, courts first determine whether the parties expressly or impliedly selected a governing law.
This principle is reflected in the Rome I Regulation, which states that a contract shall generally be governed by the law chosen by the parties.
In arbitration and alternative dispute resolution, parties may even select certain forms of non-state law, such as international commercial principles.
However, mandatory rules of the forum and considerations of public policy may override the parties’ chosen law in some circumstances.
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