Русско-англо-русский юридический словарь

in consumer contracts although the parties can choose which law to apply any choice they make cannot invalidate the application of any mandatory rules of law that would have applied to protect the consumer if an express choice of law had not been made; (Out-Law.com)

The concept of party autonomy dates back to the early fifteenth century. The first to express the doctrine of party autonomy is considered to be a French scholar named Charles Dumolin, considered to be ‘the father of party autonomy’.

Dumolin advanced the idea that ‘those who enter into an agreement may stipulate the law that governs their bargain’; when it comes to the choice of law in international contracts, the parties have the freedom, not to restrict themselves to the confines of municipal law, can exclude themselves from rules that are mandatory in the international sense and may also exclude future changes in that law. Zhang Mo has expressed the present scenario as such, “As the party autonomy doctrine has developed, the boundaries have evolved into three major areas: The public policy exception, the mandatory rules mandate and the reasonable connection requirement.” (Party Autonomy in International Contracts: Why Limited Party Autonomy Is Better Than Unlimited Party Autonomy by Arun Ajay Shankar)

12. Governing Law. The validity, enforceability and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of Maryland (excluding its choice of law rules). (VENDOR CONTRACTS AGREEMENT)