UNIFORM RULES FOR CONFLICT OF LAWS IN INTERNATIONAL TRADE CONTRACTS

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NORY YOSHANLOEI JAFAR; GHOLAMDOKHT SAMIRA

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Journal: Private Law Year:2017 | Volume:14 | Issue:1 Page(s): 155-177

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Information Journal Paper

Title

UNIFORM RULES FOR CONFLICT OF LAWS IN INTERNATIONAL TRADE CONTRACTS

Author(s)

NORY YOSHANLOEI JAFAR | GHOLAMDOKHT SAMIRA | Issue Writer Certificate

Keywords

GOVERNING LAWQ1

INTERNATIONAL TRADE CONTRACTSQ1

RULES OF CONFLICT OF LAWSQ1

Abstract

Entering into any international contracts is the cross point of different legal systems that these differences lead to challenges and uncertainties regarding the GOVERNING LAW. Therefore, the parties try to choose their own law as the GOVERNING LAW by adhering to conflict of laws rules which put at risk two principles of speed and security in such contracts. Uniform rules for conflict of law could be a solution for the parties, arbitral tribunal and courts in determining the GOVERNING LAW. These rules bring an end to claims of different legal systems to govern the contract, make predictable the rights and obligations of the parties, prevent conflicting interpretations through unification of rules on conflict of laws and prevent imposition of stronger party law to the weaker party and so on. But these rules are not free from criticism, as for example, all related legal systems have no equal contribution to the content of such uniform rules.

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APA: Copy

NORY YOSHANLOEI, JAFAR, & GHOLAMDOKHT, SAMIRA. (2017). UNIFORM RULES FOR CONFLICT OF LAWS IN INTERNATIONAL TRADE CONTRACTS. PRIVATE LAW, 14(1 ), 155-177. SID. https://sid.ir/paper/206082/en

Vancouver: Copy

NORY YOSHANLOEI JAFAR, GHOLAMDOKHT SAMIRA. UNIFORM RULES FOR CONFLICT OF LAWS IN INTERNATIONAL TRADE CONTRACTS. PRIVATE LAW[Internet]. 2017;14(1 ):155-177. Available from: https://sid.ir/paper/206082/en

IEEE: Copy

JAFAR NORY YOSHANLOEI, and SAMIRA GHOLAMDOKHT, “UNIFORM RULES FOR CONFLICT OF LAWS IN INTERNATIONAL TRADE CONTRACTS,” PRIVATE LAW, vol. 14, no. 1 , pp. 155–177, 2017, [Online]. Available: https://sid.ir/paper/206082/en

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