Forum Disruption: The Excessive Application of Public Policy and Mandatory Rules to Transnational Choice of Forum Clauses
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USyd Access
Type
ThesisThesis type
Doctor of PhilosophyAuthor/s
Forster, DanielAbstract
Are parties to a transnational contract dispute able, and should they be permitted, to employ domestic laws to escape their agreed forum for the resolution of disputes? Or should party autonomy and the need for certainty in international contractual relations outweigh the policies ...
See moreAre parties to a transnational contract dispute able, and should they be permitted, to employ domestic laws to escape their agreed forum for the resolution of disputes? Or should party autonomy and the need for certainty in international contractual relations outweigh the policies embodied in such laws? Is there a clear test or are parties left to guess whether their agreement might be overridden? This thesis will evaluate evolving authorities to expose the uncertain and inconsistent creation of mandatory rules coupled with the excessive application of public policy and mandatory rules to override transnational choice of forum clauses. Against forum disruption, it will be argued that choice of forum clauses ought to be given greater priority over statutory mandatory rules than currently afforded in Australia. This will enhance predictability and promote congruence with international forums.
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See moreAre parties to a transnational contract dispute able, and should they be permitted, to employ domestic laws to escape their agreed forum for the resolution of disputes? Or should party autonomy and the need for certainty in international contractual relations outweigh the policies embodied in such laws? Is there a clear test or are parties left to guess whether their agreement might be overridden? This thesis will evaluate evolving authorities to expose the uncertain and inconsistent creation of mandatory rules coupled with the excessive application of public policy and mandatory rules to override transnational choice of forum clauses. Against forum disruption, it will be argued that choice of forum clauses ought to be given greater priority over statutory mandatory rules than currently afforded in Australia. This will enhance predictability and promote congruence with international forums.
See less
Date
2025Rights statement
The author retains copyright of this thesis. It may only be used for the purposes of research and study. It must not be used for any other purposes and may not be transmitted or shared with others without prior permission.Faculty/School
The University of Sydney Law SchoolAwarding institution
The University of SydneyShare