The Choice of Law Agreement as a Reason for Exercising Jurisdiction

Hook, Maria

doi:10.1017/s0020589314000451

Cited by 4 publications

(1 citation statement)

References 2 publications

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“…Taraflarni nizolarni arbitraj asosida hal etishga undaydigan asosiy sabab arbitraj jarayonlarida va arbitraj boshlanishidan oldingi jarayonlarga taraflarning ta'siri kuchi mavjudligidir [6]. Ularning erk-irodasi arbitraj jarayonlarida hal qiluvchi ahamiyat kasb etadi.…”

Section: Tadqiqot Natijalari Tahliliunclassified

Analysis of Party Autonomy in the Application of Law in Arbitration Agreements

Khatamjonova¹

2023

review

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The principle of party autonomy gives the parties the right to act in accordance with their interests. Under this principle, the parties may enter into an arbitration agreement that will allow them to resolve their disputes through arbitration rather than through the national judicial system. The Arbitration Agreements is the only document for initiating arbitration proceedings. In this case, the wishes of the parties may prevail over the national judicial system. The scientific study examined the application of the principle of party autonomy in the drafting of arbitration agreements. The article analyzes the use of this principle by the parties in the preparation of contracts. The issue of the wishes of the parties was discussed as the only basis for the development of arbitration agreements. The legal definitions and features of an arbitration agreement are analyzed based on the laws of many countries. The main function of agreements is to allow the parties to choose the applicable law for their disputes, so the process of choosing the applicable law is discussed. Ways of solving problems are presented when the choice of applicable law is not indicated in the contracts.

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Section: Tadqiqot Natijalari Tahliliunclassified

Analysis of Party Autonomy in the Application of Law in Arbitration Agreements

Khatamjonova¹

2023

review

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Jurisdictional conflicts: the common-law approach

2015

International Commercial Litigation

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Determining the Appropriate Forum by the Applicable Law

Garnett

2022

ICLQ

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The concepts of jurisdiction and applicable law have been traditionally regarded as separate inquiries in private international law: a court only considers the applicable law once it has decided to adjudicate a matter. While such an approach still generally applies in civil law jurisdictions, in common law countries the concepts are increasingly intertwined. This article examines the relationship between jurisdiction and applicable law in two key areas: applications to stay proceedings on the ground of forum non conveniens and to enforce foreign exclusive jurisdiction agreements. While courts generally apply the principle that jurisdiction and applicable law should coincide where possible, there are circumstances where a court may retain jurisdiction despite a foreign governing law or may ‘trust’ a foreign tribunal to apply the law of the forum. This article seeks to establish a framework by which courts may assess the role of the applicable law in forum determinations.

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The Choice of Law Agreement as a Reason for Exercising Jurisdiction

Cited by 4 publications

References 2 publications

Analysis of Party Autonomy in the Application of Law in Arbitration Agreements

Analysis of Party Autonomy in the Application of Law in Arbitration Agreements

Jurisdictional conflicts: the common-law approach

Determining the Appropriate Forum by the Applicable Law

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