Search results for "Choice of law"

Why international commercial contracts should include express choice-of-law clauses for non-contractual obligations

2017

Abstract: International commercial contracts usually include choice-of-law clauses. These clauses are often drafted narrowly, such that they do not cover non-contractual obligations. This article illustrates that, as a result, contractual and non-contractual claims closely linked to the contract risk being governed by different laws. This fragmentation might lead to lengthy and expensive disputes and considerable legal uncertainty. It is therefore advisable to expressly include non-contractual claims within the scope of choice-of-law clauses in international commercial contracts. Keywords: Rome II Regulation, non-contractual obligation, culpa in contrahendo , choice-of-law clause, arbitrati…