Article 4 - Express and implied selection

The choice of law, or any modification of the choice of law, must be made expressly or clearly visible from contractual provisions or relevant circumstances。An agreement between the parties to assign jurisdiction to determine a contractual dispute to a court or arbitral tribunal does not in itself amount to a choice of law。

 

Article 5 - Formal effect of choice of law

Choice of law is not limited by any form of requirement, unless otherwise agreed by the parties。

 

Article 6 - Disputes over the conventions and forms of choice of law

1.Subject to paragraph 2,

(a) whether the parties agree to a choice of law, as determined by the law under which the claim is made;

(b) if the parties have used standard terms to designate two different laws,And the standard terms governing both laws are the same,The law specified in the applicable terms applies;If the standard terminology is applicable under these laws, it is different,Or standard terms that are not valid under either or both laws,There is no legal choice。

2.Where the consent of a party to a choice of law cannot be reasonably ascertained under the law specified in paragraph 1, such determination shall be made under the law of the State in which the party has its place of business。

 

Article 7 - Separability

An option of law cannot be challenged solely on the grounds that the contract to which it applies is invalid。

 

Article 8 - Exclusion of reversal

Choice of law does not involve the rules of private international law of the law chosen by the parties, unless the parties expressly specify otherwise。

 

Article 9 - Scope of the law chosen

1.The law chosen by the parties shall govern all aspects of the contract between the parties, including but not limited to:

(a) Interpretation;

(b) Rights and obligations arising from the contract;

(c) Consequences of compliance and non-compliance, including damage assessment;

(d) The various modalities for the elimination of debts, as well as the limitation period and the limitation period;

(e) The validity of the contract and the consequences of its invalidity;

(f) Burden of proof and presumption of law;

(g) Pre-contractual obligations。
 


Tel: 0763-3363829 Fax: 0763-3362719 E-mail: ccpitqy@126.com 

Copyright: Qingyuan City Committee of the China Council for the Promotion of International Trade Address: Room 1309, Qingyuan Building, Luming Road, Qingcheng District, Qingyuan City, Guangdong Province

   Guangdong public network security record number :44180202000213 Guangdong ICP record number :20003518
You are advised to use Microsoft Internet Explorer 6 or higher with a resolution of 1024 x 768

" class="hidden">第四军医大学唐都医院