The Role of Public Policy and Mandatory Rules within the Proposed Hague Principles on the Law Applicable to International Commercial Contracts
27 Pages Posted: 29 Oct 2012
Date Written: October 29, 2012
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.
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
Suggested Citation: Suggested Citation