Dr. Piotr Rodziewicz
University of Wroclaw
Application of Private International Law in Islamic Banking Contract: A Special Reference to Recognition of Islamic Banking Contract in Malaysia
Nur Zuleikha Zakaria
Polytechnic Kuching Sarawak
Brazilian ratification of CISG and Standard Contracts of GAFTA & FOSFA clauses of non-applicability of the Convention
UERJ-Universidade do Estado do Rio de Janeiro
The Proposal for a Regulation on the Law applicable to the third-party effects of Assignment of Claims
Dimitrios K. Stamatiadis
Democritus University of Thrace
Practice does not make perfect: Rethinking the doctrine of ‘the proper law of the contract’ – a case for the Indian courts
Dr. Saloni Khanderia
O.P. Jindal Global University, Haryana
Every contract with a transnational element calls for the determination of the law that would govern the transaction in the event of a dispute on the matter between the parties. In most civil law jurisdictions, and the United Kingdom, which is a common law system, the rules to identify the governing law has been codified – contributing to much certainty and predictability. At the same time, jurisdictions like India have continued to embrace the traditional precepts of the English common law even after the United Kingdom’s ratification to the Rome I Regulation on the Law Applicable to Contractual Obligations, 2008 (Rome I).
Prof. Koji Takahashi
Doshisha University, Kyoto
This paper will consider a range of choice-of-law issues arising from crypto-assets on blockchains.
(1) Contractual issues. Suppose that a contract is concluded pursuant to which bitcoins are offered to purchase goods. Given that cryptocurrencies are not a fiat currency and might not be seen as goods, is that contract to be characterised as a “sale of goods”, a “barter of goods”, or a “barter of service for goods” for the choice-of-law purposes? Aside from the question of characterization, blockchains will not raise particularly difficult choice-of-law questions in contract since party autonomy is almost universally adopted.