Article
Conflict of laws and the contractual role of bills of lading
Parties en tering into a trans action which may in volve more than one coun try have to select the law un der which any dis putes aris ing out of their con tract should be set - tled. The most world- widely used and proba bly the most emi nent de vice for pre selecting a spe cific na tional law to gov ern an in ternational con tract is the so- called governing law clause1. In such a clause the par ties ex pressly stipu late their in tention that the law of a par ticular coun try will ap ply to their con tract. The choice is ex press when the con tract in corporates a clause which speci fies the law by which it will be governed. Nei ther of the Hague and Hague- Visby Rules deals with mat ters of choice of law, ar bitration or ju risdiction2. Ac cording to Mann’s view 3article X of the Hague Rules or the Hague- Visby Rules did not con stitute a rule re lating to mat ters of conflict of laws.
Judul | Edisi | Bahasa |
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The law and partice relating to oil pollution from ships | en |