The Compatibility of Arab Laws and Modern International Trends with the Freedom of Parties to Choose the Law Applicable to International Trade Contracts

Abstract

This article deals with the compatibility of the Arab laws and modern international trends represented in the principles of The Hague Conference (2015), on the freedom of the parties to choose the law applicable to international trade contracts in two sections. The first indicates the compatibility of an international issue; whereas the second section tackles discrepancies and contrasts in the scope of the freedom granted to the parties to choose law through the study of four axes: the extent of freedom in the selection of legal rules that disregard the legal system of any state, the extent of the link between the law selected, the parties, contract, the forms of choice, and the issue of the ability to modify the choice of contract. It concludes with the results of the differences between the Arab laws and the latest international trends in this regard, together with recommendations for Arab legislators to keep up with the legislative developments in this regard.