Determination of applicable law in case of conflicting standard terms under the 2015 Hague principles

Abstract

In formation of international commercial contracts, parties often adopt standard terms including those on choice of law applicable to the contracts. When standard terms offered by parties conflict in substance, for example, by referring to different sources of law, it is difficult for adjudicative bodies to determine which source would apply and according to which principle. This article analyzes the approach of the 2015 Hague Principles on Choice of Law in International Commercial Contracts and offers some law-making and dispute settlement suggestions for Vietnam.