CHOICE OF LAW APPLICABLE TO INTERNATIONAL COMMERCIAL CONTRACTS: RESEARCH IN THE CIVIL CODE 2015 AND THE HAGUE PRINCIPLES

Abstract

In the process of concluding and performing international commercial contracts, many disputes may occur. The identification of jurisdiction for settling the disputes, the choices of applicable laws are of great importance. However, in the dispute settlement process conducted by competent authorities, there are discrepancies in identifying and applying the laws. One of the reasons for this fact is that there is still a lack of governing laws and regulations, and the laws and regulations are inconsistent and unclear. Currently, “Soft law” plays a significant role, which can supplement national legal systems. The article will not introduce all kinds of “Soft law” but will just focus on the Hague Principles on choice of applicable laws in international commercial contracts, in order to provide comparison, assessment of Vietnamese laws, the role of the Hague Principles, and to give opinions and directions on the issue of choice of applicable laws in international commercial contracts.