By Charlotte GAUCHON
15 June 2025
The conclusion of an international banking contract raises a fundamental question: which law will apply in the event of a dispute? The answer determines the interpretation of the clauses, the scope of the obligations and the outcome of any litigation. In this area, European law enshrines a cardinal principle that gives considerable power to the parties: freedom of contract. Understanding this mechanism is essential for any manager or individual engaging in cross-border financial relations. This article seeks to dissect this principle and its limitations, which outline the central role of freedom of contract in the broader landscape of international banking conflicts of law. The principle of freedom of contract in international banking law At the heart of international contract law, and particularly in banking matters, is the freedom for contracting parties to choose the law that will govern their agreement. This principle, known as the "law of autonomy", is...
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