Jurisdiction(s):
United Kingdom

Key definition

Conflict of laws definition

What does Conflict of laws mean? Conflict of laws (also called private international law) describes how courts determine the governing law, the competent court (jurisdiction/forum), and the recognition and enforcement of foreign judgments in cross‑border matters. It is a descriptive field rather than a single statutory definition, drawing on legislation, retained EU regulations, international conventions and case law. Across England & Wales, Scotland and Northern Ireland, choice of law in contracts and non‑contractual obligations is largely governed by retained EU law (Rome I and Rome II), applied with domestic modifications. Jurisdiction and enforcement are primarily governed by common law and the Hague Convention on Choice...

HCCH Principles on Choice of Law in International Commercial Contracts: Overview, Party Autonomy, Non-state Rules, Key Provisions, Public Policy, Implementation and Future Developments

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note outlines the Hague Principles on Choice of Law in International Commercial Contracts, referred to as the HCCH Principles and previously called the Hague Principles. It is an international instrument intended to address cross-border commercial dealings. It operates across jurisdictions to support cross-border commercial activity worldwide in practice.

What are the HCCH Principles on Choice of Law in International Commercial Contracts?

The HCCH Principles address matters of private international law (Conflict of laws) concerning contracts. Modern legal systems maintain their own domestic private international law rules, which commonly vary from one State to another. The possibility of divergent decisions and differing readings of private international law rules (including rules on choice of law) creates significant uncertainty for global trade and commerce. For many years, avoiding inconsistent judicial outcomes has been a core preoccupation of international lawyers. That concern has spurred, not least, international organisations such as the Hague Conference on Private International Law (HCCH) to pursue the unification of private international law. With 92 members (91 States and the EU as at March 2026) spanning every continent, the HCCH is the leading organisation in this field. The HCCH’s statutory purpose is to strive for the ‘progressive unification’ of...

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Prof Daniel Girsberger , LL.M.

University of Lucerne

Daniel Girsberger is a founding member of the Faculty of Law of the University of Lucerne (www.unilu.ch) and a tenured professor for Swiss and International Private, Business and Procedural, as well as Comparative Law. Before accepting the Lucerne assignment, he taught at the University of Zurich law school. He is also of counsel at Kaufmann Rüedi Ltd., a boutique Lucerne business law firm (www.krlaw.ch).Daniel Girsberger completed his legal and doctoral studies at the University of Zurich, where he also taught as an adjunct professor. He has an LL. M. in Common Law Studies from Georgetown University Law School (Washington, D.C.), where he also spent time as a Visiting Scholar, as well as at the Max-Planck Institute for Foreign and International Private Law in Hamburg. He has taught as an adjunct at various universities and institutions abroad, such as in Brazil,...

Agatha Brandão de Oliveira

University of Lucerne

Agatha Brandão de Oliveira is a dual-qualified lawyer based in Switzerland. She coordinates a research project on Choice of Law in International Commercial Contracts at the University of Lucerne, and is the co-editor of a number of textbooks on private international law, including Soft Law in International Trade Finance: A Comparative Analysis of the Harmonizing Effect of the UCP (Brill, 2024)....

Web page updated on 21/05/2026

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