{"title":"Party Autonomy in the Choice of Law: Some Insights from Australia.","authors":"Sagi Peari, Saloni Khanderia","doi":"10.1007/s10991-021-09278-z","DOIUrl":null,"url":null,"abstract":"<p><p>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.</p>","PeriodicalId":42661,"journal":{"name":"Liverpool Law Review","volume":"42 2","pages":"275-296"},"PeriodicalIF":0.3000,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7927766/pdf/","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Liverpool Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1007/s10991-021-09278-z","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"2021/3/3 0:00:00","PubModel":"Epub","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
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.
期刊介绍：
The Liverpool Law Review is a tri-annual journal of contemporary domestic, European and international legal and social policy issues. The Journal aims to provide articles, commentaries and reviews across a wide range of theoretical and practical legal and social policy matters - including public law, private law, civil and criminal justice, international law, ethics and legal theory. The Journal has many international subscribers and regularly publishes important contributions from the U.K. and abroad. Articles and commentaries are published with sufficient speed to ensure that they are truly current.
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