Non-State Law in the (Proposed) Hague Principles on Choice of Law in International Contracts
EL DERECHO INTERNACIONAL PRIVADO EN LOS PROCESOS DE INTEGRACION REGIONAL, pp. 41-66, D.P. Fernandez Arroyo, J.J. Obando Peralta, eds., Editorial Juridica Continental, 2011
14 Pages Posted: 19 Dec 2011
Date Written: December 12, 2011
In 2009, the Hague Conference on Private International Law mandated the preparation of an instrument on choice of law in international commercial contracts to a group of experts. The following paper examines the issues canvassed by the Working Group in relation to the designation of non-State law in international contracts. In particular, the paper considers the arguments supporting the proposal to sanction the parties’ ability to designate non-State law to govern their contract, whether or not they have also agreed to submit any eventual disputes to arbitration.
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