Karya Ilmiah
SKRIPSI (6057) - Choice Of Law And Choicr Of Forum Clause Under International Commercial Contracts On A Comparative Approach
The world development went rapidly as the future approaches, it represents how everything is no longer limited by space and time, trading eventually become an essential need, which gives chances to undertaker, particularly consumer and buyer to conduct business activities without any restriction, such as shipping services, countries distance, payment method, and currency conversion. Public transactions are no longer restricted from one country to another, people could easily conduct a business transaction in a second, which takes us to discuss on what law could possibly protect both parties. Private International Law shall be applied before any international or foreign activities which involves two or more countries. In the case of private international law dispute, private international law shall be applied before the parties, to distinguish whether a case is considered as a private international law case, the qualification theory will be used as a preliminary stage into a private international law case dispute settlement. The most essential qualification on private international case is the existence of a foreign element within the case, which later will be discussed and analysed in this research. As there will be difference in the law making or the law applied on private sector. There shall be a choice of law or choice of forum chosen beforehand which leads us to discuss on the choice of law or choice of forum which people taken for granted. The concept of choice of law and choice of forum is essential when it comes to International Commercial Contract which in this thesis will be discussed using comparative approach from Indonesian law-based case on choice of law and choice of forum and Sweden Law on the same case.
Keyword: choice of law, choice of forum, international commercial contract
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