Abstract

http://ssrn.com/abstract=2168057
 


 



The Role of Public Policy and Mandatory Rules within the Proposed Hague Principles on the Law Applicable to International Commercial Contracts - Updating Note


Andrew Dickinson


University of Oxford; University of Sydney - Faculty of Law; Clifford Chance LLP; The British Institute of International and Comparative Law

October 29, 2012

Sydney Law School Research Paper No. 12/82

Abstract:     
In November, members of the Hague Conference on Private International Law will meet to discuss the draft Hague Principles on Choice of Law in International Contracts. The draft Principles were produced by an expert working group, established in 2009 to consider the topic and which met on three occasions between 2009 and 2011 to discuss the Principles, and their detailed formulation. Three working papers which the author prepared as a member of the Working Group have been uploaded to this site in their original form. The first (SSRN Abstract ID: 2168056, prepared in July 2010) addresses issues as to the place of public policy and mandatory rules in the draft Principles, and provides the basis on which Art. 11 of the draft Principles was prepared. The second (SSRN Abstract ID: 2168057, prepared in June 2011) updates that note in light of the discussions within the Working Group. The third (SSRN Abstract ID: 2168058, prepared in June 2011) considers issues of the material validity of a choice of law agreement, and its independence from the contract of which it forms part.

Number of Pages in PDF File: 8

Keywords: private international law, conflict of laws, choice of law, party autonomy, Hague Conference on private international law, draft hague principles on choice of law in international commercial contracts, arbitration, public policy, mandatory rules

JEL Classification: K10, K20, K30, K33

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Date posted: October 29, 2012  

Suggested Citation

Dickinson, Andrew, The Role of Public Policy and Mandatory Rules within the Proposed Hague Principles on the Law Applicable to International Commercial Contracts - Updating Note (October 29, 2012). Sydney Law School Research Paper No. 12/82. Available at SSRN: http://ssrn.com/abstract=2168057

Contact Information

Andrew Dickinson (Contact Author)
University of Oxford ( email )
Mansfield Road
Oxford, Oxfordshire OX1 4AU
United Kingdom
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
Clifford Chance LLP ( email )
10 Upper Bank Street
London, E14 5JJ
United Kingdom
The British Institute of International and Comparative Law
Charles Clore House
17 Russell Square
London, WC1B 5JP
United Kingdom
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