Association Analysis for the Choice of Proper Contract Law and Dispute Resolution Forum in Cross-Border Contracts

Abstract

In international contracting, the contracting parties must choose the applicable contract law and the dispute resolution forum. In the absence of a direct choice in the form of a choice of law and forum selection clause, the applicable law and competent forum are determined by the international conflict of law rules. In the discussion on an optional European contract law and the discussion on privately drafted contract laws such as the Principles of European Contract Law (PECL) or the UNIDROIT Principles of International Commercial Contract (PICC), the question has been posed as to the extent to which the choice of contract law and choice of forum are interrelated. This may be important for our understanding of the competition between contract codes in European contract law.