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Exclusion or derogation by the parties (party autonomy)
2022Abstract This chapter deals with Article 6. The provision enshrines the principle of party autonomy in that it leaves it to the parties’ discretion to determine if they wish to exclude the application of the CISG or adapt it to their particular circumstances.
Ingeborg Schwenzer, Ulrich G Schroeter
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Financial Collateral Arrangements and Party Autonomy
SSRN Electronic Journal, 2010This paper deals with the extent to which parties to financial collateral arrangements enjoy the freedom to choose the various aspects of these arrangements. I will be tackling the question of whether the parties have the freedom to choose the applicable law but will also be going beyond this to examine the various other aspects of collateral ...
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2021
Abstract This chapter discusses the principle of party autonomy. The term ‘party autonomy’ as used in this book is a shorthand expression for the notion that parties to a multistate contract should be allowed, within certain parameters and limitations, to agree in advance on which law will govern the contract.
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Abstract This chapter discusses the principle of party autonomy. The term ‘party autonomy’ as used in this book is a shorthand expression for the notion that parties to a multistate contract should be allowed, within certain parameters and limitations, to agree in advance on which law will govern the contract.
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Party Autonomy in International Property Law
2011Party autonomy is a subject that is traditionally rejected in the field of property law. Legal systems throughout Europe and most parts of the world still found their property law on the lex situs. This point of view, however, is challenged more and more.
Westrik, Roel, van der Weide, J
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Tribunal's Powers versus Party Autonomy
2012Abstract This chapter analyses the relationship between the tribunal's initiative and the arguments made by the parties. It considers the extent to which a tribunal may or shall integrate or develop arguments that should have been made by the parties, both in respect of questions of fact and in respect of questions of law. It argues that
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Party Autonomy: The Choice of Place
Arbitration International, 1992The concept of party autonomy in the choice of the arbitration situs has not always been either the rule or the practice. For example, Articles IX (Section ‘B’) and XXIX (Section ‘C’) of the first International Chamber of Commerce (‘ICC’) arbitration rules of 1922 provided that ‘The arbitration shall take place in the country and town determined by the
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