Proposed Solutions In Case Of Disagreement Regarding the Applicable Law to an International Commercial agency Contract

Abstract

Determining the law applicable to international trade contracts relies primarily on the principle of party autonomy. However, parties may neglect to include a choice-of-law clause, disagree on the law governing their contractual relationship, or fail to reach a clear agreement in this regard, necessitating the search for practical solutions.

​Therefore, we have proposed solutions for cases where no choice or agreement is made by the parties regarding the applicable law, by presenting two primary options:

​The first option: is the 1978 Hague Convention on the Law Applicable to Agency and Representation.

​The second option: relates to the UNIDROIT Principles of International Commercial Contracts of 2004 (amended in 2010), which aim to harmonize divergent legal systems, enhance contractual balance, and prevent unfair advantage, earning them broad acceptance in international commercial practices."