مبدأ حرية الأطراف في اختيار القانون الواجب التطبيق على عقود التجارة الدولية وفقا لمبادئ مؤتمر لاهاي (2015)‎

Abstract EN

The Hague Conference on Private International Law issued a set of non-binding principles to guide nations in such a way as to promote the principle of the will of the parties to choose law governing international trade contracts.

One of the major goals of this conference has been to help the member states to develop this principle in accordance with modern ideas, adjust their domestic legislations in a way that will expand the scope of the parties’ will in the choice of law, and urge states that have not yet applied this principle to adopt and include it in their legislation.

This study discusses the principle of party autonomy in the choice of law from the perspective of the Hague Conference, through addressing: the scope of application of the principles and rights of the parties and the freedom of choice of law; the issues related to how to modify the choice of contract law; the time to choose the contract law; the possible link between the chosen law, parties and the contract; as well as the freedom in the choice of legal rules that do not consider the legal system of any state.