The Choice of Law Contract

Series Editors’
Preface
Acknowledgements
Contents
Table of Cases
Table of Legislation
1.
Introduction
	I. The Contractualisation of Choice of Law
	II.
A New Perspective: The Choice of Law Contract
2.
Selection of the Applicable 
Law by Contract
	I. A Mutual Intention to Choosethe Applicable Law
	II.
The Factual View: Choice of Law 
as an Extra-legal Agreement
	III.
The Choice of Law Agreement 
as a Contract
3.
The Scope of Party Autonomy
	I. Party Autonomy as Freedom of Contract
	II.
Functions of Objective Choice of Law
	III.
The Risks and Benefits of Contractualisation
	IV.
Reconciling Party Choice with Public Policy
	V.
Scope of the Party Autonomy Rule
	VI.
Practical Implications
4.
Independence of the Choice 
of Law Contract
	I. Choice of Law in Contract—By Contract
	II.
Putative Reasoning
	III.
The Choice of Law Contract 
as an Independent Contract
	IV.
Implications for the Substantive Contract
	V.
Conclusion
5.
Regulating the Choice 
of Law Contract
	I. Importance of a Cohesive Framework
	II.
Underlying Principles
	III.
Law of Contract
	IV.
Modal Choice of Law Rules
	V.
Limitations on the Scope of the Party 
Autonomy Rule
	VI.
A Cohesive Framework
6.
Agreement to Choose the 
Applicable Law
	I. Introduction
	II.
Intention or Expectation?
	III.
Subjective or Objective Intention?
	IV.
A Real or Hypothetical Agreement?
	V.
Conclusion
7.
Formation of the Choice 
of Law Contract
	I. Introduction
	II.
Extrinsic Evidence
	III.
Offer and Acceptance
	IV.
Certainty and Floating Choice 
of Law Contracts
	V.
Formal Validity
	VI.
Capacity
	VII.
Transparency in Standard Terms
	VIII.
Informed Choice
	IX.
Conclusion
8.
Validity of the Choice of 
Law Contract
	I. Introduction
	II.
Mistake and Misrepresentation
	III.
Fairness in Substance
	IV.
Changes in the Chosen Law
	V.
Remedies
	VI.
Conclusion
9.
Conclusion
	I. Contractualising Choice of Law:Unfinished Business
	II.
Reform of Objective Choice of Law Rules?
	III.
The Case for a Contractual Approach
Select Bibliography
Index