Party Autonomy in Contractual Choice of Law in China

Law

Party Autonomy in Contractual Choice of Law in China

By Jieying Liang
Cambridge University Press March 2018

Specifications

ISBN-13
9781107169173
Publisher
Cambridge University Press
Publication
March 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

The principle of party autonomy in contractual choice of law is widely recognised in the law of most jurisdictions. It has been more than 30 years since party autonomy was first accepted in Chinese private international law. However, the legal rules provided in legislation and judicial interpretations concerning the application of the party autonomy principle are abstract and open-ended. Without a critical understanding of the party autonomy principle and appropriate interpretations of the relevant legal rules, judges have not exercised their discretionary power appropriately.

The party autonomy principle has been applied in a way that undermines its very purpose, that is, to protect the legitimate expectations of the parties and promote the predictability of outcomes in transnational commercial litigation. Jieying Liang addresses the question of how, when, and with what limitations, parties' choice of law clauses in an international commercial contract should be enforced by Chinese courts.

Table of Contents

1. The development of the party autonomy principle in China
2. The background to the development of party autonomy
3. The existence and validity of parties' choice of law
4. The 'law' that can be chosen by parties
5. Statutory restrictions on party autonomy (I)
6. Statutory restrictions on party autonomy (II)
7. Ascertainment of the foreign law chosen by parties
8. Contractual choice of law under the 'One Country, Two Systems' regime
9. The party autonomy principle in the context of the Chinese legal system.
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