Sagi Peari, ‘Reviewing Choice of Law in International Contracts (Oxford University Press, 2021)’

ABSTRACT
Can parties in civil litigation choose the applicable law to adjudicate a dispute between them? Coined in the literature as ‘party autonomy’, this principle signifies the ability of the parties to opt out of the law that would have applied to them otherwise. Consider a scenario of a contract between British Columbia (BC) and New York (NY) residents signed in NY that deals with a delivery of goods in Brazil. Would it be possible for the parties to specify German law as the law governing the potential litigation? Or consider a defamation claim of a Mexican company against an Ontario resident in relation to damage to reputation in Mexico, Canada, several US states and Australia. Would it be possible for the parties to agree, after the commencement of the proceedings, that the applicable defamation law to govern the litigation would be that of the UK?

Peari, Sagi, Reviewing Choice of Law in International Contracts (Oxford University Press, 2021) (April 14, 2022). 37 Banking and Finance Law Review 391 (2022).

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