The Hague Conference “Judgments Project” and Principles on Choice of Law in International Commercial Contracts – “old wine in a new bottle” for online contracts?
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| Year of publication | 2016 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
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| Description | The Hague Conference on Private International Law has for many years worked on several projects and proposals to harmonize the private international law rules for civil and commercial matters with cross-border element. The recent work is presented by the “Judgments Project” and the Principles on Choice of Law in International Commercial Contracts (Choice of Law Principles). The “Judgments Project” on cross-border litigation in civil and commercial matters (jurisdiction and recognition and enforcement on judgments) was initiated in 1992. Later, due to several factors, it was abandoned. In recent years, the project was resurrected, and in 2016 work on proposed draft text Convention continues. The “Judgments Project” should certainly be welcomed. The rules on jurisdiction and recognition and enforcement of judgments are the core of private international law. Nevertheless, in the context of online activity, with emphasis on legal certainty and predictability, it is necessary to assess its provisions and their applicability to contracts concluded online. The Choice of Law Principles is, in my opinion, less significant project of the Hague Conference. Their practical application and impact is very debatable. In my opinion, it will turn to be another merely “academic” project. Nevertheless, I would like to briefly analyze its relevant provisions in the context of online commercial contracts. In my presentation, I would like to analyze relevant provisions of the two Hague Conference projects and critically asses their relevance, impact and application on online activity and online contracts. I would like to debate necessary changes and present ideas de lege ferenda. |
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