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Model Clauses for Use by Parties of the UNIDROIT Principles of International Commercial Contracts

 

The UNIDROIT Governing Council at its 91st session in May 2012, following a proposal submitted by Don Wallace Jr. (Georgetown University School of Law; President of the American Foundation of International Uniform Law), decided to set up a restricted Working Group for the preparation of Model Clauses for use by parties intending to indicate in their contract more precisely in what way they wish to see the UNIDROIT Principles of International Commercial Contracts used during the performance of the contract or when a dispute arises.

 

A Working Group was set up composed of internationally renowned experts in the field of private international law and arbitration: Don Wallace (Chairman), Klaus Peter Berger (Institut für Bankrecht, Universität zu Köln), Michael Joachim Bonell (Rapporteur), Neil B. Cohen (Brooklyn Law School), Yves Derains (Derains & Gharavi, Paris), Lauro Gama Jr. (Catholic University of Rio de Janeiro PUC–RIO), Toby Landau Q.C.(Essex Court Chambers, London), Alexander Komarov (Russian Academy of Foreign Trade, Moscow) and William W. Park (Boston University).

 

The Working Group held its first session in Rome from 11 to 12 February 2013. The session was also attended by numerous Observers: Eckart Brödermann (Managing Director, Chinese European Arbitration Center (CEAC) Hamburg), Andrea Carlevaris (Secretary General, ICC International Court of Arbitration), Simon Manner (representing Francesca Mazza, Secretary General of the German Institute of Arbitration), Geneviève Saumier (Faculty of Law, McGill University). The Working Group was seized of a position paper with draft Model Clauses prepared by the Rapporteur Michael Joachim Bonell (UNIDROIT 2013 – Study L – MC Doc. 1 Rev.). After an extensive discussion of the various issues raised in that paper, the Group agreed on a revised set of Model Clauses and asked the Rapporteur to prepare accompanying Comments.

 

The draft Model Clauses and accompanying Comments prepared by the Rapporteur were sent to Members and Observers of the Group for their observations and for circulation among interested circles (judges, arbitrators, lawyers, in-house counsel, etc.) in their respective countries.

 

A revised version of the draft Model Clauses was submitted to the UNIDROIT Governing Council at its 92nd session (8 - 10 May 2013) and unanimously adopted by the Council. Final text with comments

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