'It Hurts My Head to Think About It' - SMEs and the Legal Framework for International Commercial Contracts

83 Pages Posted: 13 Jun 2016

See all articles by Hanneke van Oeveren

Hanneke van Oeveren

Victoria University of Wellington, Faculty of Law, Student/Alumni

Date Written: 2016

Abstract

The exercise of party autonomy through careful contractual drafting allows parties contracting across borders to stipulate the applicable law and dispute resolution process most appropriate to the transaction at hand. This paper reflects on empirical and legal research to consider the perceptions and experiences of small businesses in New Zealand in relation to the legal framework for international commercial contracts. The inclusion of choice of law and dispute resolution provisions can greatly increase certainty in relation to the applicable legal framework. However, the introduction of more suitable default positions for international transactions is warranted to more adequately meet the needs of New Zealand’s SMEs and provide more meaningful access to justice.

Keywords: international commercial law, small business, international arbitration, New Zealand, international contracts, international commercial contracts

JEL Classification: K00

Suggested Citation

van Oeveren, Hanneke, 'It Hurts My Head to Think About It' - SMEs and the Legal Framework for International Commercial Contracts (2016). Available at SSRN: https://ssrn.com/abstract=2791321 or http://dx.doi.org/10.2139/ssrn.2791321

Hanneke Van Oeveren (Contact Author)

Victoria University of Wellington, Faculty of Law, Student/Alumni ( email )

PO Box 600
Wellington, Victoria 6140
New Zealand

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