The role of national attribution controls in determining the law applicable to the international industrial licensing contract

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

It is well established in contemporary private international law that when the will is silent about the express or implicit choice of the law applicable to the contract, the judge or arbitrator may not invoke the so-called supposed will of the parties, because the will of the contracting parties to choose the law of the contract is either express or implicit, while the assumed will is merely an illusion and a mood that does not respond to reality in most cases.  In fact, it is nothing more than the will of the legislator or the judge before whom the dispute was raised.  Thus, in his search for the applicable law, the judge or arbitrator must strive to determine the law to which the contract is closely and seriously bound. The judge or arbitrator shall be bound by its application and there is no room for ijtihad in respect of it except for what is necessary to understand the legislative officer and implement it in accordance with the will of the legislator, and either it shall be based on the flexible approach in which the judge or arbitrator decides to concentrate the contractual bond and the weight of the center of gravity in it, leaving the way for the arbitrator to diligent by focusing the contract in the most relevant law in light of the circumstances and circumstances of the contract.

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