Non-State Law in the Hague Principles on Choice of Law in International Contracts

Authors

Ralf Michaels, Duke Law SchoolFollow

Document Type

Article

Publication Date

2014

Keywords

international commercial arbitration, transnational codification, Hague Principles, Article 3, choice of law

Abstract

Article 3 of the Hague Principles on Choice of Law in International Contracts is the first quasi-legislative text on choice of law to allow explicitly for the choice of non-state law also before state courts. This paper, forthcoming in a Festschrift, puts the provision into a broader context, discusses their drafting history and particular issues involved in their interpretation. It also provides a critical evaluation. Article 3 does not respond to an existing need, and its formulation, the fruit of a compromise between supporters and opponents of choosing non-state law, makes the provision unsuccessful for state courts and arbitrators alike.

Citation

Ralf Michaels, Non-State Law in the Hague Principles on Choice of Law in International Commercial Contracts, in Varieties of European Economic Law and Regulation: Liber Amicorum for Hans Micklitz (Kai Purnhagen & Peter Rott eds., 2014)