Choice of Law in International Contracts

Discussion Forum
(access restricted to Working Group members)

Mandate:

The 2006 Special Commission on General Affairs and Policy of the Conference decided to invite the Permanent Bureau to prepare a feasibility study on the development of an instrument concerning choice of law in international contracts. The study should consider in particular whether there is a practical need for the development of such an instrument.

The 2008 Council on General Affairs invited the Permanent Bureau to continue its exploration of this topic concerning international business to business contracts with a view to promoting party autonomy. The Permanent Bureau is asked to explore, in co-operation with relevant international organisations and interested experts, the feasibility of drafting a non-binding instrument, including the specific form that such an instrument might take. The Permanent Bureau is invited to report and, if possible, to make a recommendation as to future action to the Council in 2009.

The 2009 Council on General Affairs invited the Permanent Bureau to continue its work on promoting party autonomy in the field of international commercial contracts. In particular, the Permanent Bureau was invited to form a Working Group consisting of experts in the fields of private international law, international commercial law and international arbitration law and to facilitate the development of a draft non-binding instrument within this Working Group. The Permanent Bureau will keep Members informed on progress.

The 2010 Council on General Affaires welcomed the setting up of a Working Group on Choice of Law in International Contracts. It expressed its appreciation to the experts for the progress made and invited the Working Group to continue its work for the progressive development of a draft instrument of a non-binding nature. The Council noted that there was support in the Working Group for a comprehensive draft instrument, also including rules applicable in the absence of choice. The Council confirmed that priority should be given to the development of rules for cases where a choice of law has been made.
The Permanent Bureau is invited to submit a report on the state of progress for the consideration of the Council of 2011.

Documentation:

Year	Title	Further details

2010	Choice of law in international contracts. Report on work carried out and perspectives for the development of the future instrument	Prel. Doc. No 6 of February 2010
	Agenda of the Working Group meeting (21-22 January 2010)
	Report of the Working Group meeting (21-22 January 2010)
	Members of the Working Group

2009	Feasibility study on the choice of law in international contracts. Report on work carried out and suggested work programme for the development of a future instrument	Prel. Doc. No 7 of March 2009
	Conclusions and Recommendations adopted by the Council on General Affairs and Policy of the Conference (31 March-2 April 2009)	Specifically under "Choice of law in international contracts"

2008	Conclusions and Recommendations adopted by the Council on General Affairs and Policy of the Conference (1-3 April 2008)	Specifically under "Choice of law in international contracts"
	Proposal submitted by the International Bar Association Litigation Committee	Info. Doc. No 2 of March 2008
	Addendum to Prel. Doc. No 5	Response from Portugal
	Feasibility study on the choice of law in international contracts - Report on work carried out and conclusions (follow-up note)	Prel. Doc. No 5 of February 2008

2007	Recommendations and Conclusions adopted by the Council on General Affairs and Policy of the Conference (2-4 April 2007)	Specifically point 4
	Feasibility study on the choice of law in international contracts - special focus on international arbitration	Prel. Doc. No 22 C of March 2007
	Feasibility study on the choice of law in international contracts - overview and analysis of existing instruments	Prel. Doc. No 22 B of March 2007
	Feasibility study on the choice of law in international contracts - report on work carried out and preliminary conclusions	Prel. Doc. No 22 A of March 2007
	Questionnaire addressed to stakeholders in the field of international commercial arbitration to examine the practical need for the development of an instrument concerning choice of law in international contracts	January 2007
	Questionnaire addressed to Member States to examine the practical need for the development of an instrument concerning choice of law in international contracts	January 2007

2006	Conclusions adopted by the Special Commission on General Affairs and Policy of the Conference (3-5 April 2006)	Prel. Doc. No 11 of June 2006 (specifically point 2)