WHY INTERNATIONAL COMMERCIAL CONTRACTS SHOULD INCLUDE EXPRESS CHOICE-OF-LAW CLAUSES FOR NON-CONTRACTUAL OBLIGATIONSInternational Commercial Contracts • March 8th, 2017
Abstract: International commercial contracts usually include choice-of-law clauses. These clauses are often drafted narrowly, such that they do not cover non-contractual obligations. This article illus- trates that, as a result, contractual and non-contractual claims closely linked to the contract risk being governed by different laws. This fragmentation might lead to lengthy and expensive disputes and con- siderable legal uncertainty. It is therefore advisable to expressly include non-contractual claims within the scope of choice-of-law clauses in international commercial contracts.
