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Book chapters (2009), Repenser le contrat, Dalloz, pp. 275-305

Quand les parties font leur loi

In order to reduce uncertainties linked to judicial dispute resolution, the parties may agree on contract terms which specify the limits and content of judicial power as to the considered contract. Such terms are frequently stipulated in international as well as domestic commercial contracts. Their impact may however be limited as some parts of the judicial power may not be contractualised. The study sets forth a typology of the main dispute clauses, suggests criteria that may characterise this type of clauses and puts forward theoretial hypothesis as to the frontiers contractual freedom in this matter. These hypothesis are backed by an analysis of the mecanism of judicial reasoning and jurisdictio.

HELLERINGER, G. (2009). Quand les parties font leur loi. In: Repenser le contrat. 1st ed. Dalloz, pp. 275-305.

Keywords : #Clauses-contractuelles, #Contrat, #Juge-(pouvoir-du), #Litige, #Résolution-des-différends