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The Effective Reach Of Choice Of Law Agreements, Tiong Min Yeo
The Effective Reach Of Choice Of Law Agreements, Tiong Min Yeo
Research Collection Yong Pung How School Of Law
Two fundamental principles relating to party autonomy developed in the recent history of the conflict of laws. Despite initial reservations, the law today takes for granted that the parties’ agreement is nearly conclusive in respect of both their choice of litigation forum and their choice of the law governing the contractual relationship. Meanwhile, the law of obligations – in tort, restitution and equity – has grown apace; disputes between contracting parties today are rarely confined to pure contractual issues. Can contracting parties choose the law to govern non-contractual disputes in cross-border litigation? In the absence of such choice, to what …