Bounds and Pitfalls When Splitting the Choice of Law

Andreas Schønbeck, Attorney-at-law, Vestas Wind Systems A/S

For most in-house lawyers dealing with international contracts is a daily and ordinary task. In the multi-state context where the contract has a connection to more than one jurisdiction the parties will almost inevitably discuss by which law the contract will be governed, and hence what law should apply in case of disputes or litigation. In this regard, international private law becomes part and parcel of handling international contracts. This area of law contains inter alia the rules relating to the question of what law governs a particular international dispute (lex fori or lex arbitri depending on whether it is a court or arbitration case), irrespective of whether the dispute is based on a contractual or delictual claim. The focus of this paper will be contractual claims between the parties to an international contract. Moreover, the paper will approach the topic from the angle of Danish law.