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

85 Pages Posted: 3 Aug 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 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, SMEs/small business, Party Autonomy, Choice of law, Choice of forum, International Arbitration, Bilateral Arbitration Treaty (BAT)

JEL Classification: K22, K33

Suggested Citation

van Oeveren, Hanneke, 'It Hurts My Head to Think about It' - SMEs and the Legal Framework for International Commercial Contracts (2016). Victoria University of Wellington Legal Research Paper, Student/Alumni Paper No. 44/2016, Available at SSRN: https://ssrn.com/abstract=2817303

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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