Choice of Law in Contracts: A Chinese Approach

45 Pages Posted: 3 Jun 2007

See all articles by Mo Zhang

Mo Zhang

Temple University - James E. Beasley School of Law


Choice of law in contracts has long been one of the most controversial and difficult issues in conflict of laws. Contractual choice of law in China, a country with the fastest growing economy in today's world and with a legal system that is foreign to many from the West, is in the course of developing. As evidenced by the efforts to search for the "Chinese brand" theory and approach in choice of law, the "China Phenomenon" should not be underestimated in the sense that the development in China of theory and practice to deal with contractual choice of law will influence how complicated issues concerning choice of law in contracts are to be dealt with. The theory of "uniform substantive law rules" that is advocated by many scholars in China may have impact on both the way to solve law conflicts and the dimensions of conflict of laws. The flexible approach to choice of law by the parties, as adopted in Chinese law and judicial practice, will certainly help advance the parties' expectations as well as the predictability of their choice with regard to the governing law of the contract.

Keywords: Conflict of Laws, Choice of Law, Contracts, Chinese Law

Suggested Citation

Zhang, Mo, Choice of Law in Contracts: A Chinese Approach. Northwestern Journal of International Law & Business, Vol. 26, 2006, Available at SSRN:

Mo Zhang (Contact Author)

Temple University - James E. Beasley School of Law ( email )

1719 N. Broad Street
Philadelphia, PA 19122
United States

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