Abstract
Parties in a commercial agreement whether domestic or international have the freedom and option to choose a law to regulate the terms and conditions of their contract and also their respective rights and obligations.1 The law governing the contract is known as the proper law of a contract.2 The proper law of a contract is the law governing the contract either in whole or in part.3 The proper law is determined through an inquiry into the choices of the parties and in the absence of choice, the law the court will assign as the law of the contract.4 That is to say, parties have the freedom to choose a law to govern their contract and in the absence of such choice, the objectively determined law is used to determine the rights and responsibilities of parties arising out of their contract.5 The liberty of parties to choose a law to an agreement without extreme inhibitions from a legal system is known as party autonomy. The principle of party autonomy is recognized in most countries...
LL.M. (International Commercial Law)