IBA Annual Conference Rome 2018

7 Oct - 12 Oct 2018

Session Room I, Level -1

Session information

A case study: the practical use of UNIDROIT Principles for international commerce
Session Room I, Level -1

Committee(s)

International Commerce and Distribution Committee (Lead)
Arbitration Committee
Corporate and M&A Law Committee
European Regional Forum

Description

UNIDROIT Principles were created to provide a system of rules tailored to the needs of international commercial transaction, and they embody what are perceived to be the best solutions developed by different legal systems. In commercial contracts, world harmonisation and convergence is practical for our clients. This balanced set of rules has proven to be able to ensure fairness in international commercial relations, and they are increasingly referred to in courts and international arbitration. This year, a working group of 30 members of the IBA Committees for International Sales, Arbitration and Litigation have worked on collecting examples and jurisprudence in connection with the industry practice of principles, such as good faith, fairness, hardship, specific performance, and termination in long-term contracts, such as energy supply, construction, distribution, agency and joint ventures. The draft for the work product - practical examples and suggestions to make the UNIDROIT Principles user-friendly - will be discussed interactively in this session for and by all IBA members interested in international contracts, arbitration and litigation.

Session / Workshop Chair(s)

Simon Hotte Ernst & Young Société d'Avocats, Lyon, France; Co-Chair, Agency and Distribution Subcommittee
Ina Popova Debevoise & Plimpton LLP, New York, New York, USA

Speakers

Andres Castiglioni Ferrere, Montevideo, Uruguay
Karina Goldberg Ferro Castro Neves Daltro & Gomide, São Paulo, Brazil
Sanjeev Kapoor Khaitan & Co, New Delhi, Delhi, India
Gerard J Meijer Linklaters LLP, Amsterdam, Netherlands