Journal Article

Parties’ preferences in international sales contracts: an empirical analysis of the choice of law

Luiz Gustavo Meira Moser

in Uniform Law Review

Volume 20, issue 1, pages 19-55
Published in print March 2015 | ISSN: 1124-3694
Published online March 2015 | e-ISSN: 2050-9065 | DOI: https://dx.doi.org/10.1093/ulr/unv008
Parties’ preferences in international sales contracts: an empirical analysis of the choice of law

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  • Comparative Law
  • Private International Law and Conflict of Laws

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This article is intended to offer insights into parties’ analytical reasoning while negotiating and choosing a governing law in international sales contracts. It will present a particular focus on the cost-benefit analysis exercised by contracting parties, noting the advanced precautions taken and strategies involved in these cross-border contracts. By presenting and exploring the results of a global survey on the choice of law and its empirical relevance, the article investigates the market distortions to which parties are exposed through an international perspective and sheds light on the various measures and alternatives to tackle these failures. In conclusion, the article aims to elucidate what is involved for parties in reaching mutually beneficial contracts.

Keywords: International sales contracts; Market distortions; Choice of law; Cost-benefit analysis; Empirical survey

Journal Article.  15010 words.  Illustrated.

Subjects: Comparative Law ; Private International Law and Conflict of Laws

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