Party autonomy; choice of law; Principles; international commercial contracts
"Problemy Prawa Prywatnego Międzynarodowego" T. 17 (2015), s. 7-25
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