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1.1 To place the effect of mandatory law on international construction projects into context, it is helpful to begin by examining how the laws governing the contracts in the project are determined. Just as the interplay between party autonomy and local laws and regulations form the basis for the rules of domestic systems of contract law, so too does this interplay shape the means by which the applicable systems of contract law are determined in international projects. This chapter examines the way in which the systems of law governing international construction contracts are determined and the extent to which other laws, including mandatory rules of laws relating to the parties’ agreement may apply notwithstanding the governing law.
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