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10 - Choice of Non-State Law

Published online by Cambridge University Press:  31 July 2018

Alex Mills
Affiliation:
University College London
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Summary

This chapter examines the possibility that the parties might choose non-state law to govern their legal relations – this might be, for example, religious law, or a codification of international commercial law. This must be distinguished from the incorporation by reference of rules of non-state law as contractual terms. National choice of law rules have traditionally been limited to a choice of state law. Athough there is significant academic discussion of the possible application of non-state or transnational law, it has received limited acceptance in national courts. By contrast, arbitral tribunals frequently accept the designation of a non-state governing law, reflecting the contractual foundations and perhaps transnational character of arbitration. National courts also generally recognise and enforce arbitral awards based on non-state law, endorsing the practice of arbitral tribunals even if it is not a practice the courts would themselves follow. The Hague Principles on Choice of Law in International Commercial Contracts 2015 innovatively provide for a possible choice of non-state law, although they are aimed at influencing arbitral practice as much as national law reform and impose various complex conditions on the application of non-state law – it remains to be seen how influential they will be in practice.
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Publisher: Cambridge University Press
Print publication year: 2018

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  • Choice of Non-State Law
  • Alex Mills, University College London
  • Book: Party Autonomy in Private International Law
  • Online publication: 31 July 2018
  • Chapter DOI: https://doi.org/10.1017/9781139941419.010
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  • Choice of Non-State Law
  • Alex Mills, University College London
  • Book: Party Autonomy in Private International Law
  • Online publication: 31 July 2018
  • Chapter DOI: https://doi.org/10.1017/9781139941419.010
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Choice of Non-State Law
  • Alex Mills, University College London
  • Book: Party Autonomy in Private International Law
  • Online publication: 31 July 2018
  • Chapter DOI: https://doi.org/10.1017/9781139941419.010
Available formats
×