The Renvoi Theory, Its Development, Application to Contractual Choice of Law and the Way Forward

2013 ◽  
Author(s):  
Varun Vaish
Keyword(s):  
Choice Of Law ◽  
Contractual Choice ◽  
Development Application ◽  
The Way

From Efficiency to Politics in Contractual Choice of Law

2002 ◽  
Author(s):  
Larry E. Ribstein
Keyword(s):  
Choice Of Law ◽  
Contractual Choice

Part 1 General and Special Reports, 6 UNIDROIT: The Model Clauses for the Choice of the UNIDROIT Principles of International Commercial Contracts and Article 3 of the Hague Principles

2021 ◽  
Author(s):  
Veneziano Anna
Keyword(s):  
Dispute Resolution ◽  
National Court ◽  
Regional Level ◽  
Appropriate Use ◽  
Choice Of Law ◽  
The Hague ◽  
The Relationship ◽  
The Way

This chapter looks at the relationship between the ‘Model Clauses for the use of the UNIDROIT Principles of International Commercial Contracts’ and Article 3 of the Hague Principles. The Model Clauses were drafted with the aim to give parties to international commercial contracts a range of options in order to make the most appropriate use of the UNIDROIT Principles (UPICC) in accordance with their interests and the specific circumstances of the case. At the same time, their goal is also to raise awareness on the variety of possible ways the UPICC may be used as an advantageous tool in international contracting and dispute resolution. Being drafted as choice of law clauses, they fit within the scope of Article 3 of the Hague Principles. Article 3 opens the way towards a wider acceptance of internationally recognized non-national codifications, expressly allowing the choice of ‘rules of law’, irrespective of whether the dispute is solved by an arbitrator or a national court, when such rules are generally accepted on an international, supranational, or regional level as a neutral and balanced set of rules. The UPICC are expressly cited, in the commentary to Article 3, as ‘rules of law’ satisfying such requirements.

Choice of Law Methods in the Private International Law of Contract

1979 ◽  
Vol 16 ◽  
pp. 230-275 ◽  
Author(s):  
Joost Blom
Keyword(s):  
International Law ◽  
Social Regulation ◽  
Private International Law ◽  
Choice Of Law ◽  
Legitimate Concern ◽  
Private Autonomy ◽  
The Way

For anyone who is interested in the methodology of choice of law, no field is more rewarding than that of contracts. As domestic laws of contracts develop a progressively more intricate relationship between the principles of social regulation and private autonomy, private international law is led to develop choice of law techniques that will keep an appropriate balance between these principles in interjurisdictional cases. Choice of law rules that underemphasize the interests of the parties, and rely instead on the regulatory concerns of states that are affected by the transaction, may place too many obstacles in the way of persons who should be left to arrange their transaction in the way they think best. At the same time, choice of law rules that give too much weight to the parties’ wishes may interfere unduly with a state’s ability to regulate a transtaction with which it has a legitimate concern. In this respect, balance is more difficult to achieve in contracts than it is elsewhere.

Corporate Law as the Paradigm for Contractual Choice of Law

1999 ◽  
pp. 370-386
Author(s):  
ROBERTA ROMANO
Keyword(s):  
Corporate Law ◽  
Choice Of Law ◽  
Contractual Choice

Corporate Law as the Paradigm for Contractual Choice of Law

1999 ◽  
pp. 370-386 ◽  
Author(s):  
Roberta Romano
Keyword(s):  
Corporate Law ◽  
Choice Of Law ◽  
Contractual Choice

Renvoi and Contractual Choice of Law

1956 ◽  
Vol 5 (1) ◽  
pp. 120
Author(s):  
Robin L. Sharwood
Keyword(s):  
Choice Of Law ◽  
Contractual Choice

Characterisation of Breach of Confidence as a Privacy Tort in Private International Law

2018 ◽  
Vol 41 (2) ◽  
Author(s):  
Michael Douglas
Keyword(s):  
International Law ◽  
Private Information ◽  
Private International Law ◽  
Choice Of Law ◽  
Cross Border ◽  
Unique Character ◽  
The Way

Certain kinds of breach of confidence may be characterised as torts, at least for the purposes of Australian private international law, in respect of rules of jurisdiction and choice of law. When a breach of confidence involves a misuse of private information, a tortious characterisation is appropriate. This view is consistent with appellate authority recognising the unique character of equitable jurisdiction. The article begins by considering debates concerning the juridical basis of breach of confidence, and its metamorphosis into the tort of misuse of private information. The very existence of that debate indicates that breach of confidence may intelligibly have more than one character. The substantive principles of breach of confidence inform the way that cross-border problems ought to be resolved in private international law. The remainder of the article considers characterisation in respect of long-arm jurisdictional rules, and then in respect of choice-of-law rules.

Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 31 Macau: Macau Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Tu Guangjian
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Family Court ◽  
Court Decisions ◽  
Legal Doctrine ◽  
Choice Of Law ◽  
Judicial Practice ◽  
The Hague ◽  
Contractual Choice ◽  
Near Future

This chapter focuses on Macau perspectives on the Hague Principles. It clarifies a few points before examining the contractual choice of law rules in Macau in detail. First, the Macau Civil Code that is the most important source for conflict of laws rules was derived from the 1966 Portuguese Civil Code. Second, due to the fact that Macau is a jurisdiction belonging to the civil law family, court decisions in Macau, theoretically, are not a source of law and do not formally have binding legal effects. Third, while legal doctrine developed by scholars in Macau is not a formal source of law, it may have influence on legislation and provide guidance for court decisions. Fourth, although some revision has been made for the Macau Civil Code since its entry into force in 1999, so far there has not been any initiative to revise its conflicts system, let alone its contractual conflicts rules. Unfortunately, the Hague Principles as a whole or any part therein cannot be incorporated into Macau’s legislation in the near future. Nevertheless, theoretically speaking, broadly accepted international customs and usages could be resorted to as ‘persuasive authority’ by Macau judges in judicial practice. The chapter then provides a comparison between the Hague Principles and Macau law.

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