CHOOSING AN APPLICABLE LAW

Slide thuyết trình bằng tiếng Anh về chủ đề applicable law.1. There are 2 important families of contract law: Continental and AngloAmerican.2. The main difference between Continental and AngloAmerican law is the degree of codification: Continental is fully codifined while AngloAmerican law relies on cases and precedents.3. Every contract is governed by an applicable law. If the contract doesn’t specify an applicable law, the rules of international private law is applied.4. In countries that have adopted it, the Vienna sales Convention overrides national law such as the BGB or UCC in the event of conflict.

CHOOSING AN APPLICABLE LAW What is the applicable law? What is the applicable law and importance of applicable law? What is the applicable law? Applicable law is the law governs disputes between the parties What is the applicable law and importance of applicable law?  Applicable law governs the questions concerning the validity, interpretation and performance of the contract Public Law Public Law What is the applicable law and importance of applicable law? Why is the applicable law important?  In general, parties have the freedom to choose the applicable law If they fail to so or have to chosen a law which is prohibited for some reason, then the applicable law shall be determined by the application of the revelant rules of the effective jurisdictions What is the applicable law and importance of applicable law?  When dealing with international dispute, there may be number of laws which may be of revelance to the parties A: The buyer B: The exporter Option 1: The buyer’s law ( the law of A’country) Option 2: The exporter’s law ( the law of B’s country) Option 3: A third party law ( e.g English law, Swedish law,…) What is the applicable law and importance of applicable law?  E.g: The applicance law might be the law of one of the different countries in which each party is situated or the law of the country in which performance of the contract is required When applied, the law of the different countries could lead to fundamentally outcomes while determining a dispute between the parties => The applicable law is therefore extremely important Anglo-American Systems and Continental Systems Distinguish types of applicable law Anglo-American Systems Continental Systems GOAL  Justice in the individual case  Consistency and uniformity of enforcement Distinguish types of applicable law Anglo-American Systems Continental Systems Internaltional acceptance  English and American law have been relined over the centuries to cope with issues and international trade The principles are widely understood and respected  Continental laws not have the prestige of AngloAmerican laws in international practice They tend to focus on national rather than international issues The Vienna Sales Convention The Vienna Sales Convention  In 1980, the United Nations Convention on Contracts for the International Sales of Goods (the Vienna Sales Convention)  The Convention is gaining wider international ratification Vienna Sales Convention is a choice of an applicable law The Vienna Sales Convention Principle  Developing international trade on the basis of equality and mutual benefit is an important element in promoting friendly relations among States The Vienna Sales Convention GOAL  Adopting uniform rules which govern contracts for the international sale of goods and take into account the different social, economic and legal systems would contribute to the - removal of legal barriers in international trade and promote the development of international trade REVIEW & PRACTICE REVIEW & PRACTICE There are important families of contract law: Continental and Anglo-American The main difference between Continental and Anglo-American law is the degree of codification: Continental is fully codifined while Anglo-American law relies on cases and precedents Every contract is governed by an applicable law If the contract doesn’t specify an applicable law, the rules of international private law is applied In countries that have adopted it, the Vienna sales Convention over-rides national law such as the BGB or UCC in the event of conflict REVIEW & PRACTICE Conflicts:  "The terms of this Agreement shall control over any conflicting terms in any referenced agreement or document" Xung đột: “ Những điều khoản hợp đồng ưu tiên áp dụng có điều khoản xung đột khác văn hay tài liệu tham khảo REVIEW & PRACTICE Choice of Law or Governing Law "This agreement shall be governed by and construed in accordance with the internal laws of the French Law, without reference to any conflicts of law provisions" Lựa chọn luật hay Luật điều chỉnh "Hợp đồng chịu điều chỉnh hướng dẫn theo pháp luật luật nước Pháp, khơng có dẫn chiếu tới xung đột điều khoản pháp luật nào“ Article 3: (1) Contracts for the supply of goods to be manufactured or produced are to be considered sales unless the party who orders the goods undertakes to supply a substantial part of the materials necessary for such manufacture or production (2) This Convention does not apply to contracts in which the preponderant part of the obligations of the party who furnishes the goods consists in the supply of labour or other services REVIEW & PRACTICE Article 3: (1) Contracts for the supply of goods to be manufactured or produced are to be considered sales unless the party who orders the goods undertakes to supply a substantial part of the materials necessary for such manufacture or production (2) This Convention does not apply to contracts in which the preponderant part of the obligations of the party who furnishes the goods consists in the supply of labour or other services Dich REVIEW & PRACTICE How many important families of contract law are there? A C B D REVIEW & PRACTICE Which law has a fully codification? A Anglo-American law B Continental law REVIEW & PRACTICE For the countries that ratifies the Convention, if there is any contradiction between the national law and the Convention, Which law is applied? A National law B Anglo-American law C Convention ... is the applicable law? What is the applicable law and importance of applicable law? What is the applicable law? Applicable law is the law governs disputes between the parties What is the applicable. .. applicable law and importance of applicable law?  Applicable law governs the questions concerning the validity, interpretation and performance of the contract Public Law Public Law What is the applicable. .. country) Option 3: A third party law ( e.g English law, Swedish law, …) What is the applicable law and importance of applicable law?  E.g: The applicance law might be the law of one of the different