Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 21 China (Mainland): Chinese Perspectives on the Hague Principles

Abstract

This chapter addresses Chinese perspectives on the Hague Principles. The modern legislation of private international law in China began with the establishment of choice of law in contracts. The first statute enacting private international law rules was the Foreign Economic Contract Law of 1985. Article 5 of the Law stipulated that the parties to a contract may choose the law applicable to the contract dispute. Since the promulgation of the Foreign Economic Contract Law, party autonomy and the closest connection doctrine have been two major approaches in determining the law applicable to a contract dispute. In 2010, the National People’s Congress of China promulgated a new private international law: the Law of the People’s Republic of China (PRC) on Application of Law for Foreign-Related Civil Relationships. The chapter then compares the current position of private international law of contract in Mainland China with the Hague Principles.