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Oiling the machine: overriding mandatory provisions and public policy in the Hague Principles on Choice of Law in International Commercial Contracts

Abstract:

Art. 11 of the Principles on Choice of Law in International Commercial Contracts, adopted by the Council of the Hague Conference in March 2015 contains provisions governing the relationship between the system of law1 chosen by the parties under Art. 2(1) (the “chosen law”) and the laws and policies of other systems. It provides as follows:

1. These Principles shall not prevent a court from applying overriding mandatory provisions of the law of the forum which apply irrespective of t...

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Publication status:
Published
Peer review status:
Peer reviewed
Version:
Accepted Manuscript

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Publisher copy:
10.1093/ulr/unx024

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Institution:
University of Oxford
Division:
Social Sciences Division
Department:
Law
Subgroup:
Law Faculty
Department:
St Catherines College
Publisher:
Oxford University Press Publisher's website
Journal:
Uniform Law Review Journal website
Volume:
22
Issue:
2
Pages:
402-421
Publication date:
2017-06-23
Acceptance date:
2017-04-27
DOI:
EISSN:
2050-9065
ISSN:
1124-3694
Pubs id:
pubs:692096
URN:
uri:c0f217d6-0fe4-468d-bdc8-ecd181402520
UUID:
uuid:c0f217d6-0fe4-468d-bdc8-ecd181402520
Local pid:
pubs:692096

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