The Impact of the Hague Principles on Choice of Law in International Commercial Contracts

23 Pages Posted: 24 Aug 2018  

Michael Douglas

The University of Western Australia Law School

Nicholas Loadsman

Clayton Utz

Date Written: August 14, 2018

Abstract

In 2018, Australia should enact an ‘International Civil Law Act’ which would give effect to the Convention on Choice of Court Agreements (‘Hague Convention’) and the Principles on Choice of Law in International Commercial Contracts (‘Hague Principles’). This article explains how the enactment of the Hague Principles would impact Australian private international law in respect of choice of law for contracts. It is argued that, for the most part, this legislation would be consistent with existing law — although there are a few issues that would be determined differently under the legislation, and in those respects, the legislation would be welcomed. The Hague Principles provide limited exceptions to the principle of party autonomy, which allow courts to apply forum law for certain public policy reasons. It is argued that the scope of those public policy exceptions will be a focal point for choice of law disputes under an International Civil Law Act.

Keywords: Choice of Law, Hague Conference, Conflict of Laws, Private International Law, International Private Law, Principles on Choice of Law in International Commercial Contracts, Hague Convention, Contract, Choice of Law Clause, Public Policy, Mandatory Law, Australia

Suggested Citation

Douglas, Michael and Loadsman, Nicholas, The Impact of the Hague Principles on Choice of Law in International Commercial Contracts (August 14, 2018). Melbourne Journal of International Law, Vol. 19, No. 1, 2018. Available at SSRN: https://ssrn.com/abstract=3230515

Michael Douglas (Contact Author)

The University of Western Australia Law School ( email )

M253
35 Stirling Highway
Crawley, Western Australia 6009
Australia

HOME PAGE: http://www.web.uwa.edu.au/person/michael.c.douglas

Nicholas Loadsman

Clayton Utz ( email )

Sydney NSW 1215
Australia

Register to save articles to
your library

Register

Paper statistics

Downloads
121
rank
217,479
Abstract Views
486
PlumX