Choice of Law in International Commercial Contracts
Series: Oxford Private International Law Series;
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Product details:
- Publisher OUP Oxford
- Date of Publication 22 March 2021
- ISBN 9780198840107
- Binding Hardback
- No. of pages1376 pages
- Size 254x176x58 mm
- Weight 1936 g
- Language English 72
Categories
Short description:
This global study provides a definitive reference guide to the key choice of law principles on international contracts, including 60 national and regional reports written by experts from all parts of the world, and a dedicated commentary on the Hague Principles as applied to international commercial arbitration.
MoreLong description:
Although the possibility of making a choice of law in respect of international commercial contracts has become widely accepted, national law still diverges in many respects with regard to the scope and relevance of, and the limitations on, party autonomy, leading to uncertainty in international commercial relations. This book compares the Hague Principles on Choice of Law in International Commercial Contracts (2015) with national, regional, supranational, and international rules on choice of law around the world in order to chronicle the divergent approaches which exist today.
The work is introduced by a comprehensive comparative report which sets out the similarities and differences between the featured national, regional, supranational, and international rules, comparing such rules with those of the Hague Principles, thereby initiating a discussion on further harmonization in the field. Another report focuses on the application of the Hague Principles in the context of international commercial arbitration. Dedicated chapters analyse the Hague Principles from a historical, theoretical, and international organizational point of view. Finally, examining each jurisdiction in detail, the book presents sixty national and regional article-by-article commentaries on the Hague Principles written by experts from all parts of the world. This dedicated and in-depth global comparative study of national, regional, supranational, and international rules provides a definitive reference guide to the key principles in respect of choice of law for international commercial contracts.
a product of a tremendous effort which is well-situated with the ongoing trend of harmonization of private international law rules. It is a major milestone towards a more predictable and efficient operation of international commerce.
Table of Contents:
PART 1: GENERAL AND SPECIAL REPORTS
General Comparative Report
The Story of Party Autonomy
The Provenance of the Hague Principles
HCCH
UNCITRAL
UNIDROIT
International Commercial Arbitration
PART 2: NATIONAL AND REGIONAL REPORTS
PART 2.1: AFRICA
African Principles of Commercial Private International Law
OHADA
Angola and Mozambique
Common law Africa
Democratic Republic of the Congo
Egypt
Ethiopia
Mauritius
Morocco
South Africa
Tunisia
PART 2.2: ASIA
Asian Principles of Private International Law
Bahrain
China (Mainland)
Dubai International Financial Centre
Hong Kong
India
Indonesia
Iran
Israel
Japan
Kuwait
Lebanon
Macau
Malaysia
Palenstine
Qatar
Singapore
South Caucasus
South Korea
Taiwan
United Arab Emirates
Vietnam
PART 2.3: AUSTRALASIA
Australia
New Zealand
PART 2.4: EUROPE
European Union
Iceland
Liechtenstein
Norway
Russia
Switzerland
Turkey
Ukraine
United Kingdom
Western Balkans
PART 2.5: LATIN AMERICA
Organization of American States
Argentina
Bolivia
Brazil
Chile
Colombia
Costa Rica
Guatemala
Mexico`María Mercedes Albornoz and Nuria González-Martín
Panama
Paraguay
Peru
Uruguay
Venezuela
PART 2.6: NORTH AMERICA
Canada
United States of America
Bibliography
Index
Neil B Cohen
