Commercial Disputes Resolution and Jurisdiction
CHAPTER 13
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The Challenges and Limitations of Choice of Law Clauses in International Commercial Agreements
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I Introduction
This chapter is concerned with choice of law clauses and provisions in international commercial agreements. More specifically, it aims to consider the challenges and limitations of choice of law clauses in practice and to what extent the autonomy of parties to select the law which governs their agreement and any disputes arising therefrom is limited or curtailed. It also identifies some of the challenges and pitfalls of using choice of law clauses.