The Role of the Hague Principles on Choice of Law in International Commercial Contracts in Indian and South African private international law

Abstract

The Hague Principles on Choice of Law in International Commercial Contracts are, inter alia, intended to facilitate the continued development and refinement of the concept of party autonomy in countries where this notion has in principle been accepted. The article envisages how the Hague Principles could practically contribute to enhancing the private international law rules in respect of choice of law in international commercial contracts in India and South Africa, the two BRICS countries with a common law-oriented conflicts-of-law system. Four examples are...

Abstract

The Hague Principles on Choice of Law in International Commercial Contracts are, inter alia, intended to facilitate the continued development and refinement of the concept of party autonomy in countries where this notion has in principle been accepted. The article envisages how the Hague Principles could practically contribute to enhancing the private international law rules in respect of choice of law in international commercial contracts in India and South Africa, the two BRICS countries with a common law-oriented conflicts-of-law system. Four examples are provided, with reference to Article 2(4) (no connection required between the parties or the contract and the chosen law), Article 4 (second sentence) (the relationship between choice of court or localized arbitral tribunal and tacit choice of law), Article 6(1)(b) (choice of law in the battle of forms), and Article 9(1)(d) (chosen law governs prescription and limitation periods). From the examples provided, it is clear that the Hague Principles have real potential to assist in the interpretation, supplementation, and development of the rules of private international law in both India and South Africa.