Choice Of Law In Contracts Research Articles

English Choice of Law in Contract Under the Rome I Regime: Is Flexibility Giving Way to Predictability?

English Choice of Law in Contract Under the Rome I Regime: Is Flexibility Giving Way to Predictability?

The Choice of Law Issues in Marine Insurance Disputes Resolution in Indonesia

Marine insurance business in Indonesia such as marine hull and machinery insurance and cargo insurance are subject to applicable laws and practices in the United Kingdom. Although Indonesia already has marine insurance law which is regulated in Wetboek van Koophandel, in fact, this business subject to English Law and Practice. The choice of law is listed in the insurance policy. Submission of the law and practice in the UK raises the issue for the parties in the insurance contract, between Insurer and Insured. Although the principle of the contract is a law for those who make it, in practice, there is a problem. The problem is especially when there is a dispute between Insurer and Insured. When disputes occur, each party has a different opinion regarding which country's laws may be applied to resolve disputes between Insurance Companies and Policyholders (the proper law of the contract, the applicable law). When referring to the provisions contained in the marine insurance policy which is a contract of the parties, it should be settled under the legal system and the practice of law which is in force in the United Kingdom, because the choice of law is written in the contract. However, the problem arises again, whether the choice of law in the insurance contract can be applied, if the insurance company as a legal entity is established under Indonesian law and domiciled in Indonesia, as well as the policyholders who are Indonesian. On the basis of such matters, this paper intended to elaborate the principles of international civil law in Indonesia regarding the choice of law in the contract and is also associated with the personal status of the insurance company, the personal status of the policyholder who are Indonesian, as well as the consequences of the choice of law listed in marine hull and machinery insurance or cargo insurance and national laws which can be applied to marine insurance disputes occurring in Indonesia. Keywords: Marine Insurance, Choice of Law

Just how free is a free choice of law in contract in the EU?

Free choice of law appears to be the pivot and the unchallenged champion of the private international law of contracts. Yet to stop at this would be a fallacy and would disregard the challenges it has to face. Those challenges come from different quarters. In B2C contracts in the EU not only the more favourable law principles as enshrined in Article 6(2) of the Rome I Regulation must be observed, but also any requirements which the Unfair Contract Terms Directive imposes. Transparency in particular ranks high. In Verein für Konsumenteninformation v Amazon the Court of Justice of the European Union has imposed duties on businesses and professionals to inform their consumer customers about at least the existence and the basic structure of the more favourable law principle. This landmark decision might not stand on ground as firm as it implies at first sight. Its fundament might be shaken by inconsistency. But practice has to comply with it and has to observe its consequences. On a more abstract level, it raises ample necessity to reflect about the modern-day structure of “free” choice of law. In this context, it is argued that the system established for parties’ choice of law in the Rome I Regulation does not allow for a content review of choice of law agreements.

Larry Ribstein's Federalism Scholarship and the Unfinished Agenda

Larry Ribstein and his co-authors broke new ground in examining jurisdictional competition and private choice of law. Going beyond corporate law bounds, they examined jurisdictional competition for other forms of entities, and found competition driving efficient uniformity. The more challenging area they addressed was private choice of law in contracts. While much of their work is enlightening, there is much left to be done in examining the mechanisms of efficiency in private agreements. Law are complex bundles of rights and obligations, often heterogeneous, in a market without explicit prices. While the mechanisms of adoption of business laws are well documented, difficult questions of bounded rationality remain in the area of private choice of law.

Simplifying Court Jurisdiction in Canada

The articulation of private international law in Canada continues to be largely a judge-led enterprise. Outside Quebec, where since 1994 there has been comprehensive codification of this domain, and putting aside some specialised areas, notably family law, where there have been significant statutory inroads, Canadian conflict of laws remains for the moment a mainly common law field. Areas which in England are now largely controlled by statute or EU regulation - such as choice of law in contract and tort, and, for the most part, adjudicatory jurisdiction and enforcement of foreign judgments - are in Canada still mostly governed by the common law.

A Study on Choice of Law in contract of marine transport

A Study on Choice of Law in contract of marine transport

Trading Debts Across Borders: A European Solution?

In December 2007 the representatives of the EU Member States finally agreed on the text of Regulation 593/2008 concerning the law applicable to contractual obligations.1 The ‘Rome I’ Regulation contains harmonized rules for choice of law in contract. It applies in all Member States from December 17, 2009, to contracts concluded after that date. This development is significant for three reasons. First, the Regulation replaces the familiar 1980 Rome Convention,2 which previously governed contract conflicts in EU national courts. Secondly, it departs from the Convention in important ways.3 Thirdly, being a Regulation and not a Convention, it is true Community legislation, not merely a treaty between the Member States. Rome I is part of what may be described, contentiously, as the federal law of Europe. But agreement was reached on the Regulation only at the last minute, by agreeing to disagree on one of the Regulation’s principal components. The sticking

The Interrelationship of European Jurisdiction and Choice of Law in Contract

(2008). The Interrelationship of European Jurisdiction and Choice of Law in Contract. Journal of Private International Law: Vol. 4, No. 1, pp. 35-59.

Conflicts in the Cathedral: Towards a Theory of Property Rights in Private International Law

Despite significant scholarly work addressing the law and economics of choice of law in contracts and torts, most scholars have left property conflicts to the clutches of formalism. Choice of law and jurisdiction principles, however, determine the manner in which property laws serve regulatory, definitive and exchange functions. Property law's exchange function describes the procedures by which entitlements may be traded; however, the choice and compliance with those procedures between transactors in multistate contexts has the characteristics of a coordination game, with the complication of multiple equilibria. I demonstrate how the lex situs choice of law rules can assist coordination by shadowing focal substantive law, and can allocate the risks of title imperfections to the party with the lowest search costs. The appeal of the lex situs decreases for the definitive and regulatory functions of property law where property is jurisdiction-specific (immovable). The lex situs together with the common law rule denying jurisdiction over torts and trespasses affecting immovables creates a jurisdictional monopoly. Land owners may be particularly vulnerable to the effects of rent-seeking in these cases, as is apparent in cases involving harmful externalities in the developing world. Invoking the economic literature on liability rules and property rules, I argue in favour of limited exceptions to the pro-situs rules as a means of increasing the efficiency of land use, where bargaining is impossible, and, following Johnston, and Ayres and Talley, as a means of increasing Coasean trade in property entitlements, where bargaining is possible. Nonetheless, state incentives to apply such exceptions are substantially limited.

Habitual Residence: The New Domicile?

There have been several cases reported over the last few years on the meaning of “habitual residence”. This comparatively new phrase is much in use not only in domestic legislation but also in various Hague Conventions on the reform of private international law and it is in widespread use by the European Commission. Habitual residence is the basis for allocating jurisdiction to that State's court, especially in relation to matrimonial causes and child custody. For example, it has been proposed by the European Commission as a replacement for domicile in the new Convention on the Jurisdiction and Enforcement of Judgments in Civil Matters. Habitual residence is also extremely important in connection with tax matters and social security. It is additionally used in the Immigration Act 1971. Other than its purpose in allocating jurisdiction, habitual residence is beginning to be adopted as a connecting factor for choice of law, for instance the Rome Convention on Choice of Law in Contract.

Choice of Law in Tort—Blending in with the Landscape of the Conflict of Laws?

The reformed choice of law in tort rules contained in the Private International Law (Miscellaneous Provisions) Act 1995 have proved a source of great controversy. This piece attempts to show that there are wider concerns fuelled by the Act. It seeks to demonstrate that one can not reform one area of the Conflict of Laws (such as choice of law in tort) in isolation from other areas (such as jurisdiction in tortious matters and choice of law in contract) and to illustrate the unsatisfactory state that the statutory reforms have had on these other areas. The analysis of the problems generated by the Act may be used as a model for a far more fundamental proposition: namely that the tendency to regard choice of law and jurisdiction as separate areas throughout the Conflict of Laws, rather than as combining to form a coherent law of international litigation, is a critical shortcoming of the study of the subject.

Conflict of Laws. Choice of Law in Contracts. Intent of the Parties. Renvoi

Conflict of Laws. Choice of Law in Contracts. Intent of the Parties. Renvoi