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OverviewDespite the paramount role of choice of law in international contractual relationships, its implementation in various countries remains disparate. Many countries have acknowledged and given effect to choice of law, but some other countries persist in opposing it. The lingering reluctance in enforcing choice of law remains a challenging impediment to cross-border commercial relationships. Strict adherence to the territoriality principle, absence of special provisions or clear guidelines of choice of law, and difficulties in confirming the content of the chosen foreign law are among the reasons for the reluctance to give effect to choice of law. These circumstances are encountered by some countries, including Indonesia. This book not only unravels the reasons for Indonesia’s reluctance and its subsequent lack of advancement on choice of law, but also examines possible solutions to the problem. Building on in-depth doctrinal research, supported by qualitative interviews, this research will serve as an essential point of reference for academics, practitioners, and policymakers interested in private international law and cross-border commercial litigation. Full Product DetailsAuthor: Priskila Pratita PenasthikaPublisher: Eleven International Publishing Imprint: Eleven International Publishing ISBN: 9789462363083ISBN 10: 9462363080 Pages: 281 Publication Date: 29 September 2022 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: In stock  We have confirmation that this item is in stock with the supplier. It will be ordered in for you and dispatched immediately. Table of ContentsChapter 1 Introduction; 1.1 An Outline of the Research Background; 1.2 Research Questions and Objectives; 1.3 Scope and Limitation of the Research; 1.4 Choice of Research Methodology and Sources; 1.5 Academic and Societal Relevance of the Research; 1.6 Structure of the Research; Chapter 2 The Labyrinth of Choice of Law; 2.1 Overview; 2.2 The Evolvement of Choice of Law; 2.3 Theoretical Justification; 2.4 Functioning Choice of Law; 2.5 Limits of Choice of Law; 2.6. Conclusions; Chapter 3 Civil Law, PIL, and Choice of Law in Indonesia; 3.1 Overview; 3.2 The Arrival that Changed the East Indian Archipelago; 3.3 Indonesian Civil Law; 3.4 Indonesian Civil Procedure; 3.5 Indonesian Private International Law; 3.6 Choice of Law in Indonesia; 3.7 Conclusions; Chapter 4 Choice of Law and the Indonesian Judicial Practice; 4.1 Overview; 4.2 Data Collection: General Aspects; 4.3 The Court Decisions; 4.4 The Judicial Practice: Findings and Observations; 4.5 Conclusions; Chapter 5 The Challenges in Applying Choice of Foreign Law in Indonesia: Interviews Findings; 5.1 Overview; 5.2 Data Collection: General Aspects; 5.3 Choice of Law: Legal Practitioners’ Views; 5.4 International Commercial Contract Disputes: Legal Practitioners’ Views; 5.5 Difficulties Encountered by Legal Practitioners; 5.6 Conclusions; Chapter 6 Conclusions; 6.1 Overview; 6.2 Theoretical Discourse and Regulatory Framework of Choice of Law; 6.3 Unravelling Choice of Law in Indonesia; 6.4 Recommendations and Further Research; 6.5 Final RemarksReviewsAuthor InformationPriskila Pratita Penasthika is an assistant professor in private international law at the Faculty of Law, Universitas Indonesia. She earned her bachelor’s (cum laude) and master’s degrees in law from Universitas Indonesia, and her doctorate in law focusing on private international law from Erasmus University Rotterdam. Tab Content 6Author Website:Countries AvailableAll regions |
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