Timeline – Choice of Law in International Contracts

1. Fourth Working Group Meeting Mandate given to conduct feasibility study Working Group formed First and Second Working Group Meetings Third Working Group Meeting Special Commission Meeting to study the proposals of the Working Group Preliminary endorsement of the Draft Hague Principles by the Council Finalisation of the Principles in the two official languages of the Hague Conference Timeline – Choice of Law in International Contracts 2006 2009 2010 2011 2012 2013 2014 The 2006 Special Commission on General Affairs and Policy of the Conference decided to invite the Permanent Bureau to prepare a feasibility study on the development of an instrument concerning choice of law in international contracts. The 2009 Council on General Affairs invited the Permanent Bureau to form a Working Group consisting of experts in the fields of private international law, international commercial law and international arbitration law and to facilitate the development of a draft non-binding instrument within this Working Group. The 2010 Council on General Affairs welcomed the setting up of a Working Group on Choice of Law in International Contracts noted that there was support in the Working Group for a comprehensive draft instrument, also including rules applicable in the absence of choice. The Council confirmed that priority should be given to the development of rules for cases where a choice of law has been made. The 2011 Council on General Affairs welcomed the progress made by the Working Group, notably the adoption of draft articles done through the two previous Working Group Meetings. The Council decided that the draft articles and the commentary prepared by the Working Group should be reviewed by a Special Commission at a later stage. The 2012 Council on General Affairs welcomed the work undertaken by the Working Group, notably the "Draft Hague Principles on Choice of Law in International Commercial Contracts" as well as the accompanying Report and the Policy Document prepared by the Working Group. The Council decided to establish a Special Commission to discuss the proposals of the Working Group and make recommendations as to future steps to be undertaken, including the decision to be taken on the form of the non-binding instrument and the process through which the commentary shall be completed. The 2013 Council on General Affairs and Policy welcomed the work carried out by the Working Group, further developed by the Special Commission and gave its preliminary endorsement of the Draft Hague Principles on Choice of Law in International Contracts. The Council invited the Working Group to meet to prepare a draft Commentary which, once finalised, will be distributed by the Permanent Bureau to all Members and Observers for their comments. The 2014 Council on General Affairs welcomed the work completed by the Working Group, namely the text of the Hague Principles and the draft Commentary and requested the Working Group to undertake the editorial finalisation of the Principles in the two official languages of the Hague Conference. Members were invited to submit final comments after distribution of the final drafts and to approve them pursuant to a written procedure.