The following Dispute Resolution guidance note Produced in partnership with Professor Daniel Girsberger of University Of Lucerne provides comprehensive and up to date legal information covering:
The Hague Principles on Choice of Law in International Commercial Contracts (Hague Principles) deal with questions of Private International Law (Conflict of Laws) on contracts. Each modern legal system has its own domestic rules of Private International Law and these rules (including the rules concerning choice of law) differ from state-to-state which leads to the risk of conflicting decisions and thus to considerable uncertainty for international trade and commerce.
The problem of how to avoid conflicting judicial decisions has been, for a long time, a central concern of international lawyers. This concern has encouraged not least international organisations such as the Hague Conference on Private International Law (HCCH) to aim for the unification of Private International Law. With 83 members (82 States and the EU) representing all continents, the HCCH is the most important organisation in this area. The statutory mission of the HCCH is to work for the ‘progressive unification’ of Private International Law rules. This involves finding internationally agreed approaches to issues such as jurisdiction of courts and arbitral tribunals, applicable law, and the recognition and enforcement of judgments and awards in a wide range of areas, from commercial law and banking law to international civil procedure. The method used to achieve the purpose of
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