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18 Oxford U. Commw. L.J. 1 (2018)

handle is hein.journals/oxuclwj18 and id is 1 raw text is: OXFORD UNIVERSITY COMMONWEALTH LAW JOURNAL 2018, VOL. 18, NO. 1, 1-15 https://doi.org/10.1080/14729342.2018.1436262 Routledge Taylor & Francis Group Indian private international law vis-6-vis party autonomy in the choice of law Saloni Khanderia Jindal Global Law School, OP Jindal Global University, Sonipat, India ARTICLE HISTORY Received 3 August 2017; Accepted 20 October 2017 KEYWORDS Indian private international law; party autonomy; choice of law; international commercial contracts 1. Introduction The principle of party autonomy refers to the freedom of the parties to choose the governing law' or the proper law2 of the contract. As a part of the 'choice CONTACT Saloni Khanderia 0 skhanderia@jgu.edu.in 1See Adrian Briggs, Agreements on Jurisdiction and Choice of Law (Oxford University Press 2008) 37. Also see generally PE Nygh, Autonomy in International Contracts (Clarendon 1999); Symeon C Symeonides, 'Party Autonomy in International Contracts and the Multiple Ways of Slicing the Apple' (2014) 39 Brook- lyn Journal of International Law 1123; James Miller & Partners Ltd v Whitworth Street Estates (Manchester) Ltd [1970] AC 583 (House of Lords (HL)). 2See Lawrence Collins et al (eds), Dicey and Morris on the Conflict of Laws, vol 2 (11th edn, Stevens & Sons 1987) 1161-96, which defines 'proper law of the contract' as the law (or laws), or rules by which, the parties intended or may have fairly be presumed to have intended in a contract to be governed, or may have fairly be presumed to have intended to submit themselves. 0 2018 Faculty of Law, Oxford University

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