Party Autonomy in Private International Law

This book provides an unprecedented analysis and appraisal of party autonomy in private international law - the power of private parties to enter into agreements as to the forum in which their disputes will be resolved or the law which governs their legal relationships. It includes a detailed exploration of the historical origins of party autonomy as well as its various theoretical justifications, and an in-depth comparative study of the rules governing party autonomy in the European Union, the United States, common law systems, and in international codifications. It examines both choice of forum and choice of law, including arbitration agreements and choice of non-state law, and both contractual and non-contractual legal relations. This analysis demonstrates that while an apparent consensus around the core principle of party autonomy has emerged, its coherence as a doctrine is open to question as there remains significant variation in practice across its various facets and between legal systems.

1. Introduction; 2. Historical and theoretical foundations of party autonomy; 3. Choice of court agreements: effects and effectiveness; 4. Choice of court agreements and non-contractual claims; 5. Limits on party autonomy in choice of court; 6. Arbitration agreements; 7. Choice of law in contract; 8. Choice of law in non-contractual relations; 9. Limits on party autonomy in choice of law; 10. Choice of non-state law; 11. Conclusions.

Alex Mills is Professor of Public and Private International Law at the Faculty of Laws, University College London. He is the author of The Confluence of Public and Private International Law (Cambridge, 2009) and was awarded the American Society of International Law Private International Law Prize in 2010. He has directed studies in private international law at the Hague Academy of International Law, and he is a member of the Academic Research Panel of Blackstone Chambers and the Editorial Board of the International and Comparative Law Quarterly.