International contracts in Latin America: History of a slow pace towards the acceptance of party autonomy in choice of law

Abstract

The right of the parties to choose the law to govern international contracts, has been historically denied in Latin America due to the principle of territoriality of laws that has imbued national conflict provisions. Several regional and national attempts to authorize party autonomy have been disregarded on the grounds of protecting national sovereignty. Some jurisdictions have recently amended their laws to accept it. This acceptance has not meant a departure from their legal tradition, but an enhancement of the principle of contractual freedom, that has always pervaded their contract rules.