Luiz Gustavo Meira Moser, ‘Parties’ preferences in international sales contracts: an empirical analysis of the choice of law’

Abstract:
This article is intended to offer insights into parties’ analytical reasoning while negotiating and choosing a governing law in international sales contracts. It will present a particular focus on the cost-benefit analysis exercised by contracting parties, noting the advanced precautions taken and strategies involved in these cross-border contracts. By presenting and exploring the results of a global survey on the choice of law and its empirical relevance, the article investigates the market distortions to which parties are exposed through an international perspective and sheds light on the various measures and alternatives to tackle these failures. In conclusion, the article aims to elucidate what is involved for parties in reaching mutually beneficial contracts.

Luiz Gustavo Meira Moser, Parties’ preferences in international sales contracts: an empirical analysis of the choice of law. Uniform Law Review (2015), doi: 10.1093/ulr/unv008. First published online: March 25, 2015.

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