Peari Sagi, Khanderia Saloni
Business Law Program, University of Western Australia Law School, 35 Stirling Highway, Crawley, WA Australia.
Jindal Global Law School, University of Johannesburg, Jindal University, Sonipat, Haryana 131001 India.
Liverp Law Rev. 2021;42(2):275-296. doi: 10.1007/s10991-021-09278-z. Epub 2021 Mar 3.
The party autonomy doctrine represents a very central component of international commerce. According to this doctrine, the parties to an international contract have the freedom to determine the applicable law to govern their dispute. Thus, party autonomy becomes a significant doctrine that affects the nature and effect of cross-border commercial transactions. Furthermore, the doctrine plays a crucial role in addressing the legal challenges caused by the outbreak of the COVID-19 and the growing volume of online commerce that COVID-19 reality has enhanced. By taking Australia as a case study for the party autonomy doctrine, we explore the essential aspects of the doctrine and contemplate on what the future of this doctrine holds for businesses and consumers.
