【Case Study】

X,a Chinese citizen in Beijing who agreed to sell goods in Shanghai to Y,a German buyer in Frankfurt,to be delivered in Germany.The contract that they concluded provided that “all disputes arising out of the contract should be determined by Chinese court under Swiss law.” Later,X sued Y for breach of contract before a Chinese court.Upholding the validity of the choice-of-forum and choice-of-law clause,the Court asked the parties to prove the content of the relevant Swiss law.The counsel of X submitted a copy of Swiss Civil Code supplemented by expert evidence.Y raised no objection to the content of Swiss law.The Court,therefore,resorted to the Swiss law put forward by X,and rendered a judgment.(https://www.daowen.com)