The UCP as a Choice of Non State Law in International Commercial Contracts

Abstract

The article analyses the UCP as a form of non-State law. It demonstrates that in some courts the UCP may inadvertently be applied as the governing law of the agreement instead of as contractual terms. The article proceeds to analyse the UCP against Article 3 of the Hague Principles on Choice of Law in International Commercial Contracts as well as along a set of criteria, developed by the author, that endeavours to provide certainty in the choice of non-State law. Based on the application of the above criteria the article concludes that the UCP would be suitable as a choice of governing law of the agreement.