Freedom of parties to choose the law applicable to international commercial agency contract disputes

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

Since international trade contracts - in general - relate to several countries, which entails their association with more than one legal system, if a dispute arises on an issue related to those contracts, the question that arises here is how to determine the applicable law in the event of competition of more than one law suitable for application to the dispute, which is termed the problem of conflict of laws, and jurisprudence and modern positive legislation have approved three approaches regarding the treatment of phenomena, "conflict of laws, That is, to determine the law governing international private relations, including the determination of the applicable law, which is the attribution method, or what is termed the conflict rule approach, and the direct determination methodology, which are the objective rules approach, and the rules approach with the necessary application, but the activation of these approaches and methods is the task of the court or arbitral tribunal that considers the dispute, and the will of the parties does not have a role in it or its role is weak or simple.

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