This essay has been submitted by a student. This is not an example of the work written by professional essay writers.

Party Autonomy in International Contracts

downloadDownload printPrint

Pssst… we can write an original essay just for you.

Any subject. Any type of essay.

We’ll even meet a 3-hour deadline.

Get your price

121 writers online

Download PDF

Few principles are as widely recognized as the autonomy of parties to international contracts to designate the law that will apply to their transactions and the forum in which they will resolve their disputes. Traditionally, the scope of this autonomy has been confined to matters that otherwise would be governed by private law, which in the context of commerce, essentially means the main body of contract law. Within this context, parties to international contracts are free to designate the law or principles that will govern their transaction to the exclusion of all otherwise applicable law. They also are free to privately arbitrate any disputes that might arise between them to the exclusion of otherwise compulsory public court litigation.

The autonomy of parties to international contracts to select private arbitration for dispute resolution to the exclusion of national courts has a somewhat shorter and more tumultuous history than that of the autonomy of parties to designate applicable law to the exclusion of otherwise applicable law. Both types of autonomy, however, have emerged from their respective pasts virtually unfettered by restriction; and the history of each is documented thoroughly in an abundant and growing literature. Party autonomy has gained acceptance in international law and has received recognition in almost all national jurisdictions. The principle provides a right for the parties of an international commercial agreement to choose applicable substantive law. When the parties have made a choice of substantive law this choice generally refers to the law governing the parties’ contractual relationship. Unless otherwise provided for, such choice does not refer to the conflict rules arising under private international law.

The modern view is that the parties have the freedom to choose any substantive laws or rules of law even if these do not have any connection to the parties or the specific dispute. The parties are not only free to choose a system of national law, but may also choose to rely on trade usage, a-national rules of law, transnational law, lex mercatoria, general principles of law or general principles of international law. The primary advantage of party autonomy is that the parties can choose a law that they are familiar with and whose provisions are suitable for the agreement in question. The parties can further avoid the application of a law with a close connection to the transaction, and which therefore would apply, by choosing another applicable law. By making a clear choice of law the parties will know what they can expect from each other and the arbitral tribunal. Party autonomy is therefore often argued to provide for certainty and predictability.

infoRemember: This is just a sample from a fellow student.

Your time is important. Let us write you an essay from scratch

100% plagiarism-free

Sources and citations are provided

Find Free Essays

We provide you with original essay samples, perfect formatting and styling

Cite this Essay

To export a reference to this article please select a referencing style below:

Party Autonomy in International Contracts. (2020, March 16). GradesFixer. Retrieved July 26, 2021, from
“Party Autonomy in International Contracts.” GradesFixer, 16 Mar. 2020,
Party Autonomy in International Contracts. [online]. Available at: <> [Accessed 26 Jul. 2021].
Party Autonomy in International Contracts [Internet]. GradesFixer. 2020 Mar 16 [cited 2021 Jul 26]. Available from:
copy to clipboard

Sorry, copying is not allowed on our website. If you’d like this or any other sample, we’ll happily email it to you.

    By clicking “Send”, you agree to our Terms of service and Privacy statement. We will occasionally send you account related emails.


    Attention! This essay is not unique. You can get a 100% Plagiarism-FREE one in 30 sec

    Receive a 100% plagiarism-free essay on your email just for $4.99
    get unique paper
    *Public papers are open and may contain not unique content
    download public sample

    Sorry, we could not paraphrase this essay. Our professional writers can rewrite it and get you a unique paper.



    Your essay sample has been sent.

    Want us to write one just for you? We can custom edit this essay into an original, 100% plagiarism free essay.

    thanks-icon Order now

    Hi there!

    Are you interested in getting a customized paper?

    Check it out!
    Having trouble finding the perfect essay? We’ve got you covered. Hire a writer

    Haven't found the right essay?

    Get an expert to write you the one you need!


    Professional writers and researchers


    Sources and citation are provided


    3 hour delivery