Tacit Choice of Law in International Commercial Contracts - A Global Comparative Study

The study deals with the phenomenon of tacit choice of law in the context of international commercial contracts. A wide comparative approach is followed, including all relevant international, supranational and regional instruments, instruments proposed for developmental organisations and selected legal systems in Africa, Asia, Australasia, Europe, the Middle East and North and South America. On this basis, the author proposes guidelines for courts and arbitral tribunals in the interpretation, supplementation and development of the applicable private international law rules in respect of tacit choice of law in international commercial contracts and provides a model clause in this regard for inclusion in future national, regional, supranational and international instruments.