Permanent establisment or Independent establisment ?

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European Review of Contract Law, 2010

The doctrine of contractual estoppel enables parties to agree 'facts' that they both know to be false, thereby creating a contractual basis for subsequent disputes. This paper examines the scope of the party autonomy justification most commonly put forward to demand judicial recognition of these 'agreed basis' clauses. It is argued that agreed basis clauses are best understood not as imposing obligations on the parties themselves, but instead as giving directions to the court. This characterisation recasts the party autonomy justification in a new light, but it is not a knockout blow. Rather than relying on 'freedom of contract' as it applies to the parties' primary obligations, the roots of the party autonomy justification for agreed basis clauses can instead be found in the principles that underpin the adversarial system of civil procedure.

Case Western Reserve Journal of International Law, 1999

Iwould like to extend my extreme gratitude to Professor Hiram Chodosh for his insight, support, and creativity in helping me develop this and other work. I would also like to thank Professor Henry King for his advice and for providing critical background in the field of international arbitration. Special thanks also to Professors Timothy Little and James Tober for patiently guiding me to a thoughtful nexus between the disciplines of law, history, and economics in the European context. 1 "[I]n justice and fairness; according to what is just and good; according to equity and conscience." BLACK'S LAW DIcTIONARY 557 (6 h ed. 1990). 2 ALAN REDFERN & MARTIN HUNTER, LAW AND PRACTICE OF INTERNATIONAL COMMERCiAL ARBITRATION 77 (2nd ed. 1991).

European Journal of Law Reform, 2000

HKLJ 48(3) 953, 2018

This article explores the extent of the freedom of parties to choose the law governing their contractual relationship in international commercial contracts. This article is divided into two parts. In the first part, the article commences with a general introduction on the role of party autonomy in international commercial contracts and on the substantive norms applicable to these contracts. It then turns to considerations of party autonomy as it is exercised by courts and examines the validity of some objections to the extension of choice of law to non-state norms. In particular, it reviews one aspect of the current dualist regime, where courts have traditionally applied a restricted-choice model limited to the choice of state norms by private parties. In the second part of this article, it turns to the other aspect of the dualist regime, the free choice of law model adopted in international commercial arbitration, where arbitrators enforce the private parties' selection of non-state law to govern their dispute. This article suggests that the current status quo in arbitration be modified so as to extend this free-choice model to state courts.

Polish Yearbook of International Law, 2016

Anybody studying the law of international organizations is now in a far better situation than several decades ago. The gap was first filled when Sir Derek Bowett published his seminal book The Law of International Institutions. Since then several editions of this masterpiece have been released (most recently the sixth, edited by Philippe Sands and Pierre Klein in 2009). In the meantime, numerous other examinations of the topic in english have been provided, with perhaps the most obvious work being the monumental treatise International Institutional Law by Henry g. Schermers (continued now by Niels M. Blokker), which has been found to be indispensable in any serious legal library. Several other authors (including most notably C.W. Jenks, F. Seyersted, N. White or J. Klabbers) have presented their own expositions of the problem, in many respects offering a fresh look at the issues under examination. The need for a comprehensive analysis was also recognized by The Hague Academy of International Law, which decided to prepare its own bilingual textbook under the auspices of UNeSCO: Manuel sur les organisations internationales = A handbook on international organizations, with r.-J. Dupuy as an editor. In this regard one might be tempted to also include a reference to the comprehensive volume on the subject published in French, edited by evelyne Lagrange and Jean-Marc Sorel, providing yet another vision for approaching the complex matter. The reasons for such a proliferation of textbooks are largely known. The growing importance of the law, the training of law students, and the increased need for interdisciplinary research also provide the impetus underlying the reviewed book, as the authors themselves acknowledge at the outset (p. 3). The book under review is a translation of a textbook originally published in german by two leading german international lawyers. As such, making this work available to an english readership is a most welcome step. It offers a perspective developed by constant reliance on the continental experience, which is evidenced by the systematic references mainly to the doctrinal views held by the german-speaking scientific community. In the view of its authors the book is designed to offer the basis for a scientifically sound work on the law of international organisations. The target audience is primarily students of international law and international relations, as well as practitioners and interested lawyers. By putting emphasis on the decisive link between substantive and institutional issues and their treatment in public international law (p. 5), the authors have attempted to avoid offering yet another catalogue of institutional developments. Instead, they offer a carefully structured, concise, and in most cases accurate reference book, which may be BOOK revIeW

Journal of Private International Law, 2018

This article seeks to examine the fundamental juridical nature, classification and enforcement of choice of law agreements in international commercial contracts. At the outset, it will be observed that the predominance of jurisdictional disputes in international civil and commercial litigation has displaced choice of law issues to the periphery. The inherent dialectic between the substantive law paradigm and the internationalist paradigm of party autonomy will be harnessed to provide us with the necessary analytical framework to examine the various conceptions of such agreements and aid us in determining the most appropriate classification of a choice of law agreement. A more integrated and sophisticated understanding of the emerging transnationalist paradigm of party autonomy will guide us towards a conception of choice of law agreements as contracts, albeit contracts that do not give rise to promises inter partes. This coherent understanding of both the law of contract and choice of law has significant ramifications for the enforcement of choice of law agreements.

2021