ABSTRACT
The approach of English conflict law to international contracts was greatly influenced by its largely laissez faire attitude to contractual terms in domestic law. The 19th century position1 was expressed with characteristic candour by Jessel MR in Printing and Numerical Registering Co v Sampson, when he observed:
The model was an agreement freely negotiated between economic equals and the philosophy was that agreements must be honoured. Such an approach did not endure long into the 20th century as the State came under pressure to redress imbalances in bargaining power in areas such as housing3 employment4 and consumer contracts.5 To suggest that the modern English law of contract is an area of non-regulation would be false.6 Nevertheless, the business contract is not closely regulated and that was the model for, and often the reality of, international contracts.
