Risks and Issues when drafting International Contracts

At the forthcoming Luxembourg Congress there will be an interesting full-day session about applicable law in international commercial transactions, jointly organized by the Contract Law, International Sale of Goods, Private International Law and Transport Law Commissions. Experts coming from different jurisdictions will deal with some crucial points on this subject, with the aim to provide a platform for exchange of experiences among all participants.

In its mid-year internal meeting recently held in Hamburg (Germany), the Private International Law Commission had a factive discussion in order to arrange its contribution to said full-day joint session. Each speaker of the Commission will choose a kind of contract and deal with the impact of PIL issues concerning applicable law to the chosen kind of contract, like:

• factors of choice (e.g.: interrelated operations and obligations);
• impact of the forum on choice of law (e.g.: risk to have a court applying a domestic law which is not its own);
• depeçage (selection by the parties of the law applicable to the whole or to part only of the contract);
• applicable law in the absence of choice;
• choice of soft law;
• interpretation of choice of law clauses and forum selection clauses (under which law?);
• mandatory rules and limits of choice;
• way to assess and to prove the content of foreign applicable law;
• interaction between applicable law to contractual and non-contractual obligations.

As regards the chosen contracts, the speakers of the PIL Commission will spend particular attention to transport contracts, finance contracts and other typic international commercial transactions.

Another attractive session is therefore expected and the Private International Law Commission is pleased to invite those who are interested to attend it.

We look forward to seeing you in Luxembourg!

Congress #UIALuxembourg
8 November 2019 - 9 am - 5.30 pm - Room: Salle E

By Paolo Lombardi, President of UIA Private International Law Commission, Studio Legale Elexi, Turin, Italy