International Litigation and the Quest for Reasonableness: Essays in Private International Law

By Andreas F. Lowenfeld | Go to book overview

9
Party Autonomy: The Triumph of Practical Considerations

INTRODUCTION

Throughout this volume, we have explored conflict and disagreement--about jurisdiction to prescribe, jurisdiction to adjudicate, responsibility of multinational enterprises, enforcement of judgments, and scope of disclosure or discovery in international controversies. In truth, the area of disagreement is not quite as vast as the preceding chapters would indicate. Nearly everyone agrees, today, (1) that parties to a commercial transaction (putting aside certain consumer contracts) may agree on the law applicable to their relations; (2) that they may choose the forum to resolve any disputes that may arise between them; and (3) that they can remove state organs almost completely from the process of adjudication by choosing to have their disputes resolved by arbitration. Moreover, while agreement on a judgments convention reaching beyond the European Community and its immediate neighbors has thus far been unattainable, a convention to enforce arbitral awards (as well as agreements to arbitrate) has more than a hundred adherents, including all the world's commercial states and states from all legal traditions and at all stages of legal development.1 Thus states have committed themselves to enforce with very limited scrutiny arbitral awards rendered in countries whose judgments they might well decline to recognize or enforce, and by persons whom no state has screened--all because, it is said, the parties to the arbitration agreed to the forum of their own free will--by autonomie de la volonté, in the more elegant French expression.

Parties engaged in international transactions and their lawyers want to know where disputes that may arise will be adjudicated, and even if they have made no investigation of the details of the possibly applicable laws, they want to know what law will be applied by the decision-maker. Rightly or wrongly, many parties are fearful of litigating in the other party's home state, and if they can, they seek to specify 'their' forum. If the bargaining or marketing situation does not permit that, the parties look for a 'neutral' forum, which may be a court in London or Geneva but more and more turns out to be an arbitral

____________________
1
UN Convention on the Recognition and Enforcement of Foreign Abitral Awards of June 10, 1958 (the New York Convention), 330 U.N.T.S. 3.

-199-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
International Litigation and the Quest for Reasonableness: Essays in Private International Law
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 246

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.