Subjects:

Conflict of Laws

Contents:

1. Introduction

2. The source of autonomy

3. The limits on the exercise of autonomy

4. The validity of the choice of law clause

5. The implied or tacit choice

6. Contract splitting

7. The protection of the weaker party

8. The contract sans loi

9. Mandatory rules

10. The interrelationships between choice of law in contract and tort

This book explores the source and extent of the right of parties to an international contract to make appropriate arrangements for the determination of their legal relationship, primarily by selecting the applicable law, but also by selecting the judicial or arbitral forum.

The book focuses on the legal systems of the United States, the Commonwealth jurisdictions and the civil law countries of western and central Europe, taking as a starting point the provisions of the several Hague Conventions on the Choice of Law in Sales and other contracts, the Rome Convention of 1980 on the Law Applicable to International Contracts and the Mexico Convention of 1994 on the same topic, as well as modern legislation on conflicts of law.

Nygh's aim is to discern a general consensus, where present, and to argue for a further development and extension of the principles of autonomy unhampered by historical notions of territoriality and sovereignty, which hitherto have sought to restrain it, with only such limitations as can be justified for the protection of weaker parties or genuine state interests. This fascinating analysis, written from the author's unique perspective, will be welcomed by practiti