Collected Courses of the Hague Academy of International Law

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Party Autonomy in Litigation and Arbitration in View of the Hague Principles on Choice of Law in International Commercial Contracts (Volume 379)

(12,077 words)

Author(s): Boele-Woelki, Katharina
Boele-Woelki, Katharina Keywords: Party autonomy | Choice of law | International contracts | Private international law | International commercial arbitration | Trials | Mots clefs: ABSTRACT This course focuses on party autonomy in the context of the applicable law issued in international commercial contracts. It goes through explaining the Hague Principles on Choice of Law in International Commercial Contracts, finalized in 2013, and how they are used as a recent source on the matter. This reflection leads to the questio…

The Conflict of Laws of Contracts General Principles (Volume 189)

(88,967 words)

Author(s): Lando, Ole
Lando, Ole Keywords: Law of contracts | Private international law | International contracts | Mots clefs: Droit des obligations | Droit international privé | ABSTRACT Ole Lando, Professor at the Institute for European Market Law in Copenhagen, points out in the introduction to his course that all contracts are governed by law. The purpose of Professor Lando’s course is to determine which law is applicable. The author intends to report on the conflict of laws as it appears in the most representative legal systems, namely…

The Influence of the International Sale of Goods Convention on Domestic Law Including Conflict of Laws (with Specific Reference to Russian Law) (Volume 342)

(22,432 words)

Author(s): Musin, Valeriy
Musin, Valeriy Keywords: Russian Federation | Sale | International contracts | Private international law | United Nations Convention on Contracts for the International Sale of Goods (Vienna, 11 April 1980) | International law and domestic law | Mots clefs: ABSTRACT The course of lectures deals with Russian civil law norms regulating sales contract as compared with relevant rules of the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980). The author shows that Russian norms are quite consistent with those of t…

The Law Governing International Commercial Contracts : Hard Law versus Soft Law (Volume 388)

(14,708 words)

Author(s): Joachim Bonell, Michael
Joachim Bonell, Michael Keywords: International contracts | International commercial law | Unidroit Principles of International Commercial Contracts ABSTRACT The International Institute for the Unification of Private Law (UNIDROIT) was the first attempt to “codify” the general part of international contract law. In this course, Michael Joachim Bonell first presents a brief description of the UNIDROIT Principles. The author then focuses on the three, at least in this context, most relevant ways in which the Princi…

La protection de la partie faible en droit international privé (Volume 188)

(29,582 words)

Author(s): Pocar, Fausto
Pocar, Fausto Keywords: Law of contracts | Private international law | International contracts | Mots clefs: Droit des obligations | Droit international privé | ABSTRACT In his course, Fausto Pocar, Professor at the University of Milan, discusses whether and to what extent an objective of private international law, along with other possible objectives, is to ensure the protection of the weak against the strong, whether there are rules drawn from such an objective and, if so, what their characteristic features are. The a…

Limitations on Party Autonomy in International Commercial Arbitration (Volume 372)

(82,649 words)

Author(s): Cordero-Moss, Giuditta
Cordero-Moss, Giuditta Keywords: Party autonomy | International contracts | International commercial arbitration | Mots clefs: ABSTRACT This course aims to examine the limitations of party autonomy in international commercial arbitration, as parties have a central role in commercial arbitration. The idea is that a “closed circuit” made only of the rules the parties agreed on is not always possible, and other sources can impact the arbitration, thus the autonomy of the parties. First, external restrictions exist…

Functional Developments in Choice of Law for Contracts (Volume 187)

(22,939 words)

Author(s): J. Weintraub, Russell
J. Weintraub, Russell Keywords: Law of contracts | Private international law | International contracts | Mots clefs: Droit des obligations | Droit international privé | ABSTRACT The distinction between conflict of laws concerning the validity of a contract and concerning its construction is central to any sensible application of functional analysis. In this course, the author explains the analysis, discusses the criticisms of the analysis that have emerged, and responds to these criticisms. He describes two features wide…

Mandatory Rules in International Contracts: the Common Law Approach (Volume 266)

(33,124 words)

Author(s): C. Hartley, Trevor
C. Hartley, Trevor Keywords: Common law | Law of contracts | International contracts | Mots clefs: Common law | Droit des obligations | Contrats internationaux | ABSTRACT In his course devoted to the Common Law approach of mandatory rules, Trevor C. Hartley, Professor at the London School of Economics and Political Science, gives several definitions of the concept of mandatory rules. He next discussed different theories that deal specifically with these rules. The author then focuses on the Rome convention and the America…