By Mary Keyes, Therese Wilson
Exploring the benefits and drawbacks of codifying agreement legislation, this ebook considers the query from the views of either civil and customary legislation platforms, referring intimately to problems with overseas and shopper law.With contributions from top overseas students, the chapters current a variety of reviews at the virtues of codification, encouraging additional debate in this subject. The e-book commences with a dialogue at the internationalization primary for codification of agreement legislations. It then turns to nearby concerns, exploring first codification makes an attempt within the eu Union and Japan, after which concerns suitable to codification within the universal legislations jurisdictions of Australia, New Zealand and the us. the gathering concludes with chapters which give some thought to the necessity to draw upon either inner most and comparative foreign legislation views to notify any codification reforms.This booklet could be of curiosity to overseas and comparative agreement legislation teachers, in addition to regulators and policy-makers.
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Extra resources for Codifying Contract Law: International and Consumer Law Perspectives
28 Codifying Contract Law Choice of Law The Australian common law choice of law rules for contract have not changed significantly in the last 80 years, although their operation has become less clear due to the intrusion of statutory claims. Express choice of law, evasion and forum statutes The High Court of Australia was an early adopter of the rule that is now accepted in most legal systems, allowing the parties expressly to choose the governing law of the contract. 81 Most other legal systems now also enforce express choices of law, and therefore, this rule ought to promote uniformity of outcome and act as a disincentive to forum shopping.
The Australian courts usually treat jurisdiction and arbitration agreements as cognate: Global Partners Fund Ltd v Babcock & Brown Ltd (in liq) (2010) 79 ACSR 383, para 85. However, in Faxtech Pty Ltd v ITL Optronics Ltd, concerning an English jurisdiction clause, Middleton J distinguished two cases involving the enforcement of arbitration agreements on the basis that ‘this matter does not concern arbitration and the statutory requirements involved when the parties to an agreement have included an arbitration clause’:  FCA 1320, para 22.
36 Codifying Contract Law but this should only be done rarely, particularly in law applicable to commercial transactions. Valid protective interests generally relevant to particular kinds of contracts should be more explicitly indicated in the choice of law rules. 133 Finally, it would be wise to reflect on what may be learned from the success of international commercial arbitration in terms of improvements to international litigation in the Australian courts, as well as in the reform of contract and private international law.