(Re)Shaping the Principle of Party Autonomy under the Hague Principles on Choice of Law in International Contracts
Prof. Toni Deskoski / Dr. Vangel Dokovski
Cyril and Methodius University, Skopje
Dr. Brooke Adele Marshall
University of New South Wales
This paper is concerned with normative reasons for respecting jurisdictional party autonomy. Justifications for the enforcement of exclusive jurisdiction agreements have not been comprehensively explored in the literature, which is surprising given their wide acceptance. Jurisdiction agreements overall have received significantly less theoretical attention than choice-of-law clauses.
Dr. Ekin Omeroglu
Kadir Has University Istanbul
Party autonomy principle represents one of the fundamental pillars of private law. In private international law, which deals with legal relationships beyond national borders, the principle of party autonomy is given effect by choice of law rules. Choice of law has been widely recognized in respect of contractual obligations for a long time. However, party autonomy in intellectual property infringement disputes has been an unvalued issue and choice of law by parties was simply considered as non-existent.