CONTRACT LAW REVIEW NOTES
INTERNATIONAL ASPECTS OF
CONTRACT LAW
- International aspects of contract law refer to the legal issues that arise
when parties from different countries enter into a contract or when the
contract has a connection with more than one country.
- The main questions that international contract law deals with are:
which law governs the contract, how to resolve disputes arising from
the contract, and how to enforce the contract or the remedies in case of
breach.
- The law governing the contract can be determined by the parties'
choice or by the rules of private international law (also known as
conflict of laws) of the relevant jurisdiction. The parties can choose the
law of any country, or even a non-state law such as the UNIDROIT
Principles of International Commercial Contracts, as long as their choice
does not violate public policy or mandatory rules of the forum.
- The UNIDROIT Principles are a set of soft law rules that provide a
uniform and modern framework for general contract law, covering
topics such as formation, interpretation, performance, non-
performance, remedies, and assignment. They can be used as an
alternative to national laws or as a means of interpreting and
supplementing international uniform law or domestic law.
- The resolution of disputes arising from international contracts can be
done by litigation or arbitration. Litigation involves bringing a claim
before a national court, which may raise issues of jurisdiction,
INTERNATIONAL ASPECTS OF
CONTRACT LAW
- International aspects of contract law refer to the legal issues that arise
when parties from different countries enter into a contract or when the
contract has a connection with more than one country.
- The main questions that international contract law deals with are:
which law governs the contract, how to resolve disputes arising from
the contract, and how to enforce the contract or the remedies in case of
breach.
- The law governing the contract can be determined by the parties'
choice or by the rules of private international law (also known as
conflict of laws) of the relevant jurisdiction. The parties can choose the
law of any country, or even a non-state law such as the UNIDROIT
Principles of International Commercial Contracts, as long as their choice
does not violate public policy or mandatory rules of the forum.
- The UNIDROIT Principles are a set of soft law rules that provide a
uniform and modern framework for general contract law, covering
topics such as formation, interpretation, performance, non-
performance, remedies, and assignment. They can be used as an
alternative to national laws or as a means of interpreting and
supplementing international uniform law or domestic law.
- The resolution of disputes arising from international contracts can be
done by litigation or arbitration. Litigation involves bringing a claim
before a national court, which may raise issues of jurisdiction,
