Haskie reguły wyboru prawa w międzynarodowych umowach

Abstract

The Haque Conference on Private International Law has recently drawn up Principles on Choice of Law in International Commercial Contract. An innovative feature of these Principles, which are accompanied by an explanatory Commentary, is that unlike an international convention they are non — binding. The Principles relatively few black — letter rules (12 articles and a preamble) seek encourage choice of law in international commercial transaction. Developing the Principles was a demanding task since thay apply not only to courts but also to arbitral tribunals. Since party autonomy is the centrepiece of the Haque Principles, freedom of choice is granted basically without restriction. The Principles clarify important issues for agreements on choice of law. A reference to “law” also includes generally accepted “rules of law”. The Haque Principles declare themselves to be an international code of current best practice with respect to the recognition of party autonomy in choice of law in international commercial contracts.