ABSTRACT
The courts in Nigeria recognises the freedom of parties to contract, which is hinged on the principle of party autonomy. It presupposes that parties to an international contract are at liberty choose the law to govern their contract, and also select the forum or jurisdiction where any dispute that arises from the contract will be adjudicated. Parties are also at liberty to submit their dispute to arbitration and also chose the applicable law to the substance of the dispute. The question that readily comes to mind therefore, is whether the choice of the party in that context, is sacrosanct or without qualification. Based on a doctrinal research approach, it was observed that the autonomy of parties to so do, is not without qualification. Statutory and case law have streamlined the enforceability of such choices in certain circumstances. The choice of the parties in that regard, must not only be reasonable, but made bona fide. It must also not contravene mandatory laws or public policy in Nigeria.
Sani, Emmanuel, International Contractual Obligations and the Limits of Parties Autonomy in their Choice of Jurisdiction and the Applicable Law (June 21, 2024), Fountain University Law Journal (FULAJ) (2024) 1(2) 154-172.
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