How Private is English Private International Law?

Abstract

This essay assesses the extent to which some of the central questions of private international law (jurisdictional venue, applicable law) can be subjected to the re-distributive will of the parties, like any other subject matter of a contract, and the extent and reach of the remedies available as a consequence. It focuses principally on the decisions of the English courts and critically examines Adrian Briggs’ contribution to the development of the law in this area.