| 释义 |
party autonomy
The concept that the parties to an international contract have the freedom to choose the applicable law to their contract and the forum to which they wish to bring a dispute. The proper law of a contract doctrine states that the court determines first whether the parties have made an express choice of law in their contract, and secondly whether there is an implied choice of law; if no choice has been made at all, the court establishes the applicable law through the rules of private international law. This approach is closely reflected in the EU’s Rome I Regulation on the Law Applicable to Contractual Obligations, which continues to apply in the UK through the Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019: “A contract shall be governed by the law chosen by the parties”. Only a choice for a state law is accepted by the Rome I Regulation. In arbitration and alternative dispute resolution, a choice for non-state law (such as, for instance, the UNIDROIT Principles of International Commercial Contracts) is allowed. The public policy of the forum can override (provisions of) the law chosen by the parties. A choice of law does not displace the mandatory laws of the forum. For consumer, insurance, and employment contracts some restrictions are imposed on choice of law. |