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Complex contractual relationships – is there a need for special private international law rules on contractual chains and networks?

Citation

Sooksripaisarnkit, P and Obi, I, Complex contractual relationships - is there a need for special private international law rules on contractual chains and networks?, Elgar Companion to the Hague Conference on Private International Law, Edward Elgar Publishing Limited, T John, R Gulati & B Kohler (ed), 15 Lansdown Road, Cheltenham, Glos GL50 2JA, UK, pp. 437-446. ISBN 978-1-7889-7649-7 (2020) [Research Book Chapter]

DOI: doi:10.4337/9781788976503.00051

Abstract

Modern business is increasingly complicated by complex webs of contract ‘networks’. These networks have raised thorny private international law issues both in respect of relationship among their members as well as in relation to the relationship between those networks and outsiders. This Chapter examines these issues and offers forward-looking thoughts on the role which the HCCH may play in tackling these issues. To do so, the authors examine the nature and characteristics of these contract networks, followed by an analysis of the private international law issues arising from them. The authors then consider the role of the HCCH in this area and observe that in light of an apparent trend towards developing different types of networks for different purposes, the HCCH would need to be prepared to deal with piecemeal rules for each type of network as they develop at national levels and gain traction internationally.

Item Details

Item Type:Research Book Chapter
Keywords:networks, connected contracts, choice of law
Research Division:Law and Legal Studies
Research Group:International and comparative law
Research Field:Conflict of laws (incl. private international law)
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Civil justice
UTAS Author:Sooksripaisarnkit, P (Dr Poomintr Sooksripaisarnkit)
UTAS Author:Obi, I (Mrs Ifeoma Obi)
ID Code:142368
Year Published:2020
Deposited By:Maritime and Logistics Management
Deposited On:2021-01-12
Last Modified:2021-04-08
Downloads:0

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