Choice of Law in International Commercial Contracts

2021 ◽  
Keyword(s):  
Comparative Study ◽  
Point Of View ◽  
Commercial Arbitration ◽  
Choice Of Law ◽  
Party Autonomy ◽  
International Commercial Arbitration ◽  
Reference Guide ◽  
The World ◽  
The Hague ◽  
Similarities And Differences

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.

scholarly journals Party Autonomy and Regional Harmonization of Rules in International Commercial Arbitration

2006 ◽  
Vol 67 (4) ◽  
Author(s):  
Elizabeth Shackelford
Keyword(s):  
Twentieth Century ◽  
International Trade ◽  
World Wide ◽  
Commercial Law ◽  
Commercial Arbitration ◽  
Choice Of Law ◽  
Party Autonomy ◽  
International Commercial Arbitration ◽  
Trade Law

In the last half of the twentieth century, the trend towards “world-wide harmonization of trade law” has increased steadily with the globalization of economies and the corresponding increase in transnational commerce. Throughout this period, efforts have emerged to unify and harmonize international commercial law in order to promote international trade. The two primary ways this was pursued during the twentieth century were unification of choice of-law rules and harmonization or unification of substantive rules.

scholarly journals Mandatory Rules of Law in International Business Arbitration

1998 ◽  
Vol 3 (2) ◽  
pp. 35-58
Author(s):  
S.M. Hyder Razvi
Keyword(s):  
International Business ◽  
General Trend ◽  
Commercial Arbitration ◽  
Choice Of Law ◽  
Party Autonomy ◽  
International Commercial Arbitration ◽  
Peace And Justice ◽  
Mandatory Rules ◽  
The Will ◽  
Settlement Of Disputes

Of all mankind’s adventures in search of peace and justice, arbitration is amongst the earliest. Long before law was established, or courts were organised, or judges had formulated principles of law, man had resorted to arbitration for the resolution of discord, the adjustment of differences and the settlement of disputes. One of the recurring themes in International Business Arbitration is the tension between the will of the parties and the ability of states of regulate the conduct of arbitration proceedings. The general trend in international commercial arbitration is to respect, within limits, the will of the parties regarding the choice of law and the procedure for carrying out their arbitration. Thus, party autonomy is recognised as one of the cardinal elements of international business arbitration.

Part 1 General and Special Reports, 7 International Commercial Arbitration: Perspective on the Hague Principles in International Commercial Arbitration

2021 ◽  
Author(s):  
Gama Lauro ◽  
Girsberger Daniel ◽  
Rodríguez José Antonio Moreno
Keyword(s):  
International Law ◽  
State Court ◽  
Private International Law ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
Choice Of Law ◽  
International Commercial Arbitration ◽  
Party Choice ◽  
The Hague ◽  
Model Law

This chapter studies how the private international law rules of most jurisdictions have traditionally addressed State court litigation, without considering the specificities of international arbitration. Many nations have now created their own legislation for international arbitration or adopted the UNCITRAL Model Law on International Commercial Arbitration. These laws regularly contain their own rules dealing with parties’ choice of law on the merits. The chapter then explores choice of law in international arbitration with a particular view on the Hague Principles which are, as paragraph 4 of their Preamble discloses, intended to apply equally to courts and arbitral tribunals. It analyses the approach arbitral tribunals have taken when confronted with choice of law issues, and particularly a party choice of the law applicable to the merits of the dispute. The chapter also assesses whether it is correct and if so, for which reasons, and in which way, that commercial parties have a larger autonomy in arbitration, compared to litigation, to choose non-State rules of law, and which types of rules they may choose. Finally, it demonstrates why, how, and to what extent the Hague Principles can contribute to define, delineate, interpret, and supplement existing (conflict of law) regimes in the field of international arbitration.

scholarly journals A Comparative Study of Consumer Perception on the Usage of Cadbury Products in Malaysia and India

2021 ◽  
Vol 4 (1) ◽  
pp. 106-115
Author(s):  
Rudresh Pandey ◽  
Ajay Massand ◽  
Suhasini BV ◽  
Lavi Sharma ◽  
Akansha Rai ◽  
...  
Keyword(s):  
Comparative Study ◽  
Secondary Data ◽  
Consumer Perceptions ◽  
Consumer Perception ◽  
Indian Market ◽  
Buying Behavior ◽  
Major Player ◽  
The World ◽  
Marketing Activities ◽  
Similarities And Differences

Chocolates and snacks are a humongous market all around the world. Mondelez International, the producer of Cadbury is a major player in this industry which perceives the Malaysian and Indian market differently. This study aims to examine the consumer perception on the usage of Cadbury products in Malaysia and India. The study would examine the association, usage, buying behavior and customer satisfaction in the two countries and identify similarities and differences among them. This study involves both primary and secondary data collected through various sources such as consumers from the two countries and publications. These findings provide a comparative insight about consumer perceptions about the products which help in understanding the two markets and marketing activities in detail.

REFUSAL TO RECOGNIZE AND GRANT PERMISSION TO ENFORCE INTERNATIONAL COMMERCIAL ARBITRATION AWARDS DUE TO IMPROPER NOTIFICATION ABOUT ARBITRATION PROCEEDINGS

2017 ◽  
Author(s):  
Anayit Khoperiya ◽  
Keyword(s):  
Supreme Court ◽  
Hague Convention ◽  
Case Law ◽  
Legal Assistance ◽  
Commercial Arbitration ◽  
International Commercial Arbitration ◽  
Negative Case ◽  
The Supreme Court ◽  
The Hague ◽  
The Hague Convention

The article analyses the refusal to recognize and grant permission to enforce awards of international commercial arbitration because of improper notification about the arbitration. The study concerns the new case law of the Supreme Court in cases of recognition and granting permission to enforce the awards of international commercial arbitration in cases where the party against whom the decision is made denies that it has been notified of the arbitration or appointment of an arbitrator. Particular attention was paid to the analysis of the decisions of the Supreme Court in cases No. 824/26/19 of November 28, 2019 and No. 824/69/19 of February 13, 2020 on the application of Jurginsky Mashzavod LLC on the enforcing of the decision of the Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation on debt collection from PJSC Pokrovske Mine Management. These decisions were assessed as a negative case law that does not contribute to the development of arbitration in Ukraine. It was concluded that in cases No. 824/26/19 and No. 824/69/19 the Supreme Court formulated two extremely negative opinions for the development of international commercial arbitration: 1) the need to inform the different jurisdictions parties of the arbitration proceedings, where in these jurisdictions the Hague Convention is binding, in form of provision of international legal assistance, which would harm the pace of arbitration proceedings; 2) the necessity to notify the parties by arbitration via mail with a postal description of the enclosed documents. The provisions of the Hague Convention regarding the requirement of arbitration notifications of the parties on the implementation of arbitration proceedings using the procedure of international legal assistance were analysed. It was established that the provisions of this convention cannot be interpreted as establishing an obligation for arbitration tribunals to notify the parties of the arbitration proceedings, which are situated in states-parties to this convention, through the procedure of international legal assistance only. The practice of the Supreme Court in other cases on the recognition and granting permission to enforce of international commercial arbitration decisions, where the party against which the decision was made denies that it has been notified about the arbitration or appointment of an arbitrator, was positively assessed. This practice is pro-arbitration. It was emphasized the importance of forming pro-arbitration practice of the Supreme Court, which ensures the image of Ukraine as a friendly jurisdiction for arbitration and for investment accordingly.

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