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- Title
Tacit choice of law in the Hague Principles.
- Authors
Gama Jr., Lauro
- Abstract
This article analyses Article 4 of the Hague Principles on the Choice of Law in International Commercial Contracts on the tacit choice of the law governing the contract. It examines the Principle's provisions dealing with revealing the partie's real intent towards a tacit choice of the law. First, the scope of Article 4 is examined in light of the principle of party autonomy. Second, this article presents the criteria to assess a tacit choice, focusing on two indicia: the provisions of the contract and the circumstances of the case. Issues such as the impact of a choice-of-court clause or an arbitration agreement in the contract will be discussed. Furthermore, this article demonstrates how characterization problems are dealt with in case law. It concludes that, considering the scarce number of cases in which a tacit choice has been found, the application of Article 4 of the Hague Principles might be limited in practice.
- Subjects
CONFLICT of laws; CONTRACTS; COMMERCIAL law
- Publication
Uniform Law Review, 2017, Vol 22, Issue 2, p336
- ISSN
1124-3694
- Publication type
Article
- DOI
10.1093/ulr/unx022