Tacit Choice of Law Applicable to International Commercial Contracts: The Hague Principles and Arab Laws Compared
| Author | Dawwas, Amin |
| Available date | 2023-05-23T04:44:52Z |
| Publication Date | 2023-01-01 |
| Publication Name | Arab Law Quarterly |
| Identifier | http://dx.doi.org/10.1163/15730255-bja10134 |
| Citation | Dawwas, A. (2023). Tacit Choice of Law Applicable to International Commercial Contracts: The Hague Principles and Arab Laws Compared, Arab Law Quarterly (published online ahead of print 2023). doi: https://doi.org/10.1163/15730255-bja10134 |
| ISSN | 02680556 |
| Abstract | This article deals with the law tacitly chosen by the parties to govern their international commercial contracts. It shows the method by which The 2015 Hague Principles on Choice of Law in International Commercial Contracts and Arab laws refer to tacit choice, whether directly or indirectly. In addition, it tackles the level of strictness in tests for tacit choice and its criteria under both The Hague Principles and Arab laws. It concludes that, in order to achieve more predictability and legal certainty, the Legislatures in Arab states should reform the legal provisions on choice of law applicable to the contract with foreign element(s) according to the best practice followed by The Hague Principles in this regard. |
| Language | en |
| Publisher | Brill |
| Subject | Arab laws conflict-of-laws international commercial contracts tacit choice The Hague Principles |
| Type | Article |
| Pagination | 1-28 |
| ESSN | 1573-0255 |
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