Document Type : Original Article
Authors
1 MA. Student in Oil and Gas Law, Department of Public and International Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
2 Department of Private and Islamic Law, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
Abstract
The governing law of an international insurance contract is of crucial importance, since it impacts on the duties and responsibilities of both the insurers and the assureds. This is in consideration of the fact that there are mandatory rules present in almost every legal system in support of the assured. Mandatory rules that limit or deprive the parties of their right to choose the governing law of the contract and instead, introduce the criteria by which dispute resolution forums shall use to determine the law applicable to the contract. This article studies the various limitations imposed by mandatory rules on party autonomy to choose the law applicable to the contract and the legal criteria that determine the contract’s governing law in the absence of an effective choice of law. Through the findings of this paper, criteria such as country of risk, place of residence or registration of the assured, Lex Loci Contractus and the place with the most substantial relation to the contract are among the most commonly used criteria of mandatory rules on international insurance contracts.
Keywords
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