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International Contracts
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Chapter Summary
The international contracts or foreign contracts were governed by a separate contract law named "Foreign Economic Contract Law" before the Contract Law was adopted in 1999. To be accurate, for an international contract, the Chinese law may not apply to the disputes over the contract or the contract may be beyond the reach of the judicial power of the Chinese courts even though the contract is concluded or performed in China. The choice of law problem occurs wherever the parties have been subject to the authority of more than one sovereign state or nation. Choice of forum occurs when the parties in their contract choose in advance a court before which the disputes arising out of or related to the contract will be brought. The disputes related to an international contract could be dealt with in different ways. The advantages of the negotiation for a dispute resolution are obvious.
Keywords: Chinese law; choice of forum; choice of law; dispute settlement mechanism; foreign economic contract law; international contracts
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