Party autonomy in the choice of Law: some insights from Australia

Peari, Sagi and Khanderia, Saloni (2021) Party autonomy in the choice of Law: some insights from Australia. Liverpool Law Review, 42 (2). pp. 275-296. ISSN 0144932X

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The party autonomy doctrine represents a very central component of international commerce. According to this doctrine, the parties to an international contract have the freedom to determine the applicable law to govern their dispute. Thus, party autonomy becomes a significant doctrine that affects the nature and effect of cross-border commercial transactions. Furthermore, the doctrine plays a crucial role in addressing the legal challenges caused by the outbreak of the COVID-19 and the growing volume of online commerce that COVID-19 reality has enhanced. By taking Australia as a case study for the party autonomy doctrine, we explore the essential aspects of the doctrine and contemplate on what the future of this doctrine holds for businesses and consumers.

Item Type: Article
Keywords: Party autonomy | International contracts | Choice of law | COVID-19 | Frustration | Consumer protection
Subjects: Social Sciences and humanities > Business, Management and Accounting > Business and International Management
Social Sciences and humanities > Social Sciences > Health (Social sciences)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Shilpi Rana
Date Deposited: 25 Nov 2021 12:14
Last Modified: 10 Dec 2021 08:57
Official URL:
Funders: Alexander von Humboldt Stipendium, Germany


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