A. K. D. Shaveen Sachintha
Attorney-at-Law LL. B (Hons) (Jaffna)
LL.M (ARU/Cambridge) (Reading)
This study delves into the dynamic realm of governing law choices in international contracts, dissecting both the factors that shape these choices and their consequential impact on contract interpretation and the rights and obligations of parties. Recognizing the pivotal role of a legal framework in contractual matters, the analysis explores the multifaceted factors influencing governing law decisions. Highlighting the intricate implications of mandatory rules and nuanced contract interpretations under diverse legal systems, the study underscores the challenges posed by the absence of an express choice of law. In examining contract interpretation, it compares approaches of major legal traditions, English Law and Civil Law, focusing on boilerplate clauses and their validity dependent on the governing law.
The study concludes by acknowledging a trend towards a more liberal and transnational approach in governing law choices. It explores the international relevance of ‘soft law’ principles, challenging traditional state-centred concepts and advocating for a neutral legal framework in international business transactions. In essence, this concise study contributes to understanding governing law choices, unravelling the interplay between influencing factors, and their impact on international contracts. By shedding light on these considerations, the research aims to promote fair, efficient, and globally accepted practices in the evolving landscape of January 2024 international commerce. This study is based on the doctrinal research approach and the qualitative desk-based approach, relying on both primary and secondary data.
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