argue的名词
THE HAGUE PRINCIPLES ON CHOICE OF LAW IN INTERNATIONAL COMMERCIAL
CONTRACTS
Approved on 19 March 2015
二年级英语
creaturepennsylvaniaPreamble
1. This instrument ts forth general principles concerning choice of law in international commercial contracts. They affirm the principle of party autonomy with limited exceptions.
2. They may be ud as a model for national, regional, supranational or international instruments.
3. They may be ud to interpret, supplement and develop rules of private international law.
4. They may be applied by courts and by arbitral tribunals.
Article 1 – Scope of the Principles
1. The Principles apply to choice of law in international contracts where each party is acting in the exerci of its trade or profession. They do not apply to consumer or employment contracts.
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2. For the purpos of the Principles, a contract is international unless each party has its establishment in the same State and the relationship of the parties and all other relevant elements, regardless of the chon law, are connected only with that State.
3. The Principles do not address the law governing –
a)the capacity of natural persons;
b)arbitration agreements and agreements on choice of court;
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c)companies or other collective bodies and trusts;
d)insolvency;
e)the proprietary effects of contracts;
f)the issue of whether an agent is able to bind a principal to a third party.
Article 2 – Freedom of choice
1. A contract is governed by the law chon by the parties.
2. The parties may choo –
a)the law applicable to the whole contract or to only part of it; and
b)different laws for different parts of the contract.
3. The choice may be made or modified at any time. A choice or modification made after the contract has been concluded shall not prejudice its formal validity or the rights of third parties.
4. No connection is required between the law chon and the parties or their transaction.
Article 3 – Rules of law
The law chon by the parties may be rules of law that are generally accepted on an international, supranational or regional level as a neutral and balanced t of rules, unless the law of the forum provides otherwi.
Article 4 – Express and tacit choice
A choice of law, or any modification of a choice of law, must be made expressly or appear clearly from the provisions of the contract or the circumstances. An agreement between the parties to confer jurisdiction on a court or an arbitral tribunal to determine disputes under the contract is not in itlf equivalent to a choice of law.
Article 5 – Formal validity of the choice of law
A choice of law is not subject to any requirement as to form unless otherwi agreed by the parties.
Article 6 – Agreement on the choice of law and battle of forms
1. Subject to paragraph 2 –mouevent
a)whether the parties have agreed to a choice of law is determined by the law that was
purportedly agreed to;
b)if the parties have ud standard terms designating two different laws and under
both of the laws the same standard terms prevail, the law designated in the prevailing terms applies; if under the laws different standard terms prevail, or if under one or both of the laws no standard terms prevail, there is no choice of law.
2. The law of the State in which a party has its establishment determines whether that party has connted to the choice of law if, under the circumstances, it would not be reasonable to make that determination under the law specified in paragraph 1.
Article 7 – Severability
A choice of law cannot be contested solely on the ground that the contract to which it applies is not valid.
Article 8 – Exclusion of renvoi
A choice of law does not refer to rules of private international law of the law chon by the parties unless the parties expressly provide otherwi.
Article 9 – Scope of the chon law
1.The law chon by the parties shall govern all aspects of the contract between the parties, including but not limited to –
spring怎么读a)interpretation;
b)rights and obligations arising from the contract;
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c)performance and the conquences of non-performance, including the asssment of
damages;
d)the various ways of extinguishing obligations, and prescription and limitation periods;
e)validity and the conquences of invalidity of the contract;
f)burden of proof and legal presumptions;
g)pre-contractual obligations.
2. Paragraph 1 e)does not preclude the application of any other governing law supporting the formal validity of the contract.
Article 10 – Assignment
In the ca of contractual assignment of a creditor’s rights against a debtor arising from a contract between the debtor and creditor –
a)if the parties to the contract of assignment have chon the law governing that
contract, the law chon governs mutual rights and obligations of the creditor and the assignee arising from their contract;
b)if the parties to the contract between the debtor and creditor have chon the law
governing that contract, the law chon governs –
i)whether the assignment can be invoked against the debtor;
ii)the rights of the assignee against the debtor; and
iii)whether the obligations of the debtor have been discharged.
Article 11 – Overriding mandatory rules and public policy (ordre public)
1. The Principles shall not prevent a court from applying overriding mandatory provisions of the law of the forum which apply irrespective of the law chon by the parties.
2. The law of the forum determines when a court may or must apply or take into account overriding mandatory provisions of another law.
3. A court may exclude application of a provision of the law chon by the parties only if and to the extent that the result of such application would be manifestly incompatible with fundamental notions of public policy (ordre public) of the forum.
4. The law of the forum determines when a court may or must apply or take into account the public policy (ordre public) of a State the law of which would be applicable in the abnce of a choice of law.
5. The Principles shall not prevent an arbitral tribunal from applying or taking into account public policy (ordre public), or from applying or taking into account overriding mandatory provisions of a law other than the law chon by the parties, if the arbitral tribunal is required or entitled to do so.
Article 12 – Establishment
If a party has more than one establishment, the relevant establishment for the purpo of the Principles is the one which has the clost relationship to the contract at the time of its conclusion.
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