Designating the Unidroit Principles in International Dispute Resolution

Abstract

The success of the new edition of the UNIDROIT Principles of International Commercial Contracts 2010 rests largely on its potential traction in practice. This paper will explore the extent to which the dissemination and use of the UNIDROIT Principles is related to choice of law rules in contract and the opportunity for parties to designate non-state law in international contracts beyond the traditional realm of international arbitration. Extending party autonomy to include non-state law designations that are operative within the judicial sphere is arguably the most likely path to full emancipation of the UNIDROIT Principles. By endorsing this approach, the proposed Hague Principles on Choice of Law in International Contracts are a positive signal for the future of the UNIDROIT Principles.

Keywords: international commercial law, international dispute resolution