The Double Rule



It has been seen that the French courts give weight to these factual elements: place of contracting and loading, place of discharge and of substantial performance, and nationality of the various interested parties, usually the shipper and the carrier, but also, in an appropriate case, the consignee. These reflect the predominant ‘indices’ of French private international law leading to application of the lex loci contractus, the lex loci solutionis, or the law of the common nationality of the parties; as regards the latter, it is significant that there are few cases in which the only foreign element was the nationality of one of the parties and in which the Convention was applied. Only when one of these predominant indices is foreign, will the contract be ‘really international’.


Additional Requirement Academic Writer Foreign Element Nationality Test Arbitral Award 
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© Martinus Nijhoff, The Hague, Netherlands 1976

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