Проблема оговорки о применимом праве и юрисдикции в международных контрактах
The Problem of the Choice of Law and Jurisdiction Clause in International Contracts

Summary/Abstract: The main aim of the present paper is to show the role of the choice of law and jurisdiction in international contracts as the main right of natural and legal persons in the realm of private international law in any legal system to ensure efficient and predictable relations on a cross–border basis. And it is of note that this right of choice is recognized by foreign states if its exercise does not rely on misuse of rights. To attain this aim it is essential: 1) to uncover the mechanism of the choice of law and jurisdiction in international contracts; 2) to determine objective and subjective limits of the said choice in the private international law sphere; 3) to analyze cases of inefficient choice of foreign law and jurisdiction and propose solution to this problem.

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