Abstract

Chinese experience with contractual party autonomy is accompanied by the development of Chinese private international law over the past 20 years. To date, party autonomy has been recognised in Chinese legislation as one of the general principles for choice of law in contracts, both for international and inter-regional disputes. Party autonomy is not only accepted on paper, but also respected in practice, which is manifested by the flexible attitude of Chinese courts towards the forms, subject matter, time and change of a choice of law. In effect, the judicial interpretations of the Supreme People’s Court have endorsed an increasingly favorable position on party autonomy.

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