ABSTRACT: In 2009, the Hague Conference on Private International Law mandated the preparation of an instrument on choice of law in international commercial contracts to a group of experts. The following paper examines the issues canvassed by the Working Group in relation to the designation of non-State law in international contracts. In particular, the paper considers the arguments supporting the proposal to sanction the parties' ability to designate non-State law to govern their contract, whether or not they have also agreed to submit any eventual disputes to arbitration.
Revista Brasileira de Arbitragem