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Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 29 Kuwait: Kuwaiti Perspectives on the Hague Principles »

Amin Dawwas
From: Choice of Law in International Commercial Contracts
Edited By: Daniel Girsberger, Thomas Kadner Graziano, Jan L Neels
This chapter examines Kuwaiti perspectives on the Hague Principles. Kuwait has a specific code on conflict of laws rules, ie Law No 5/1961 on Regulation of the Legal Relationships with Foreign Element (Kuwaiti Law No 5/1961). This law includes conflicts rules that can be applied by both national courts and arbitral tribunals. Although the Law No 5/1961 allows in principle the parties to select the law applicable to their contract and determines which law is applicable to contracts with a foreign element in general, it leaves many other details concerning the chosen law to doctrine and case law. The chapter then shows to which extent the Hague Principles could be used to interpret, supplement, and develop the Kuwaiti rules in light of relevant Kuwaiti case law and doctrine.

Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 33 Palestine: Palestinian Perspectives on the Hague Principles »

Amin Dawwas
From: Choice of Law in International Commercial Contracts
Edited By: Daniel Girsberger, Thomas Kadner Graziano, Jan L Neels
This chapter assesses Palestinian perspectives on the Hague Principles. In Palestine, the Mejella (ie the Ottoman Civil Code), is still applicable to the West Bank; it does not include rules on conflict of laws. In 2003, the Palestinian Authority published a draft civil law (PDCL), accompanied by a memorandum. In 2012, this draft was enacted as law in the Gaza Strip (GCL). Both PDCL and GCL include an identical rule on conflict of laws that clearly allows the parties to choose the law applicable to international commercial contracts. Likewise, the 2000 Palestinian Arbitration Law, applicable in the West Bank and Gaza Strip, recognizes the party autonomy principle. Currently, there is no indication on the enactment of the PDCL in the West Bank. Once this moment comes, the Hague Principles would play a role in revising the conflict of laws rules as they reflect the recent developments in the field. Besides, Article 35 of the PDCL/GCL orders the application of the principles of private international law in the absence of a relevant provision in this law concerning the conflict of laws. Thus, the Hague Principles could be used to supplement the Palestinian rules on the law applicable to contracts.