Potential Influence of Article 6(1)(b) of the Hague Principles on Choice of Law in International Commercial Contracts on Indian Private International Law

Abstract

The ever-increasing commercial activities across borders and continental lines has led to the frequent drafting of international commercial contracts by contracting parties or their lawyers. When parties conclude an international contract, the question which often arises is with regard to the proper law of the contract. This is also the case when standard forms are used in contracting. Where more than one standard form is presented by the contracting parties (one from either party), the issue of battle of forms with respect to the proper law may arise. This study focuses on providing an appropriate solution to the battle of form situation with respect to the choice of law clauses in standard forms contracts. It examines the solutions by the Hague Principles on Choice of Law in International Commercial Contracts (Hague Principles) and that of India and, thereafter, proposes that India adopts the solution in the Hague Principles (as it better represents the position of the contracting parties).