A Study On The Battle Of Forms Concerning Choice Of Law In International Commercial Contracts

With the highly increasing amount of the international commercial trades,the transnational business parties always conclude contracts by exchanging their respective standard clauses instead of traditional face-to-face negotiations.And generally they only check some specific clauses,which are closely related to the fulfillment of the contracts,because of their chase of the high efficiency of transactions.But this frequently leads to the neglect of the choice of law clauses and the battle of forms concerning choice of law arises when the parties choose different laws in their respective standard clause.This paper will give an explanation and analysis of different solutions of this problem and suggest that China should import the “Hague Solution” with the argument of some problems that will be met.This paper contains five parts: firstly,the author will demonstrate how this kind of problem arises and why this is qualified as a problem;secondly,an introduction of the substantive rules about the battle of forms will be given as this is basis of the battle of forms concerning choice of law;thirdly,the author will elucidate seven solutions of the concerning problem,which contains the “Hague Solution”;fourthly,an analysis on the handling result of this problem with regard to China’s law rules in force and the problems that will be met during the importation of the “Hague Solution” will be given;lastly,the above argument comes to an conclusion.