Under Article 5(3), references to applicable
law are to the domestic rules of the law
applicable by virtue of the conflict rules of
the forum State. Using the law determined as
applicable by the forum State, which in the case
of a NCRI determination of priority should
be in the relevant declaring State, a court
would determine which of the different types
of agreement was applicable and then whether
a NCRI of the declared category would have
priority over the particular type of the interest.
The Official Commentary discusses the