Contemporary ways of regulation of battle of forms illustrated by the Principles on Choice of Law in International Commercial Contracts
Journal Title: Альманах міжнародного права - Year 2017, Vol 17, Issue
Abstract
The following article deals with the problem named battle of forms that describes a situation when the parties use different standard terms in the process of conclusion of a contract. There are some ways to determine the provisions of the contract concluded in such a way. The “last shot” rule provides that the party who puts forward the latest terms and conditions gets all of its terms simply because it fired the last shot in the exchange of forms. In most cases this would be the offered. Under the “first shot” rule a party can generally provide for a predetermined standard set of terms and conditions to apply, regardless of any standard terms and conditions that might be sent in the future. Under the “knock-out” rule if the parties reach an agreement except on their standard terms, a contract is concluded on the basis of the agreed terms and of any standard terms which are common in substance. Modern codified documents like UNIDROIT Principles of International Commercial Contracts provide for knock-out rule. This article envisages as well the regulation of battle of forms and its drawbacks in Ukraine, and the author offers to clarify some provision of Ukrainian law in order to provide an exact rule.
Authors and Affiliations
К. Г. ЦІРАТ
Keywords
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