Collected Courses of the Hague Academy of International Law

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Limitations on Party Autonomy in International Commercial Arbitration (Volume 372)

(82,649 words)

Author(s): Cordero-Moss, Giuditta
Cordero-Moss, Giuditta Keywords: Party autonomy | International contracts | International commercial arbitration | Mots clefs: ABSTRACT This course aims to examine the limitations of party autonomy in international commercial arbitration, as parties have a central role in commercial arbitration. The idea is that a “closed circuit” made only of the rules the parties agreed on is not always possible, and other sources can impact the arbitration, thus the autonomy of the parties. First, external restrictions exist…

Party Autonomy in Litigation and Arbitration in View of the Hague Principles on Choice of Law in International Commercial Contracts (Volume 379)

(12,077 words)

Author(s): Boele-Woelki, Katharina
Boele-Woelki, Katharina Keywords: Party autonomy | Choice of law | International contracts | Private international law | International commercial arbitration | Trials | Mots clefs: ABSTRACT This course focuses on party autonomy in the context of the applicable law issued in international commercial contracts. It goes through explaining the Hague Principles on Choice of Law in International Commercial Contracts, finalized in 2013, and how they are used as a recent source on the matter. This reflection leads to the questio…