“The new Eu ro pean Con sti tu tion re cog nises the func tion of the role of the so cial di a logue in the EU con text as a key el e ment of the Eu ro pean strat e gies. But the im pres sion is that the le gal out come con tained in the too so ber sen tences of the Eu ro pean Con sti tu tion is not co her ent with the role gained de facto by so cial part ners to day in the na tional mem bers…
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 …