UNIDROIT Proceedings and Papers 2010

This collection of documents comprises the Annual Report on the activity of the International Institute for the Unification of Private Law (UNIDROIT), a summary of the conclusions reached by the Governing Council of UNIDROIT at its annual session, the report on the annual session of the General Assembly of UNIDROIT member States, the final texts of instruments prepared under the auspices of UNIDROIT, documents concerning current work on instruments adopted as well as the preparatory work, consisting of the studies and reports of the various working groups and committees of governmental experts, on items on the UNIDROIT Work Programme.


CONTENTS

INSTITUTIONAL DOCUMENTS

Governing Council: 89th session (Rome, 10-12 May 2010)
UNIDROIT 2010 - C.D. (89) 2
Annual Report - 2009

UNIDROIT 2010 - C.D. (89) Misc. 4
Summary of the conclusions reached by the Governing Council at its 89th session

General Assembly, 66th session (Rome, 23 June 2010)
No report on the session was issued.
General Assembly, 67th session (Rome, 1 December 2010)
UNIDROIT 2010 - A.G. (67) 9 rev.
Report on the 67th session of the General Assembly


CURRENT WORK ON ITEMS ON THE UNIDROIT WORK PROGRAMME

Study L – Principles of International Commercial Contracts
UNIDROIT 2010 - Study L – WP. 29
Working Group for the preparation of Principles of International Commercial Contracts (3rd). Drafting Committee, third session, Hamburg, 25 – 28 January 2010. Minutes of the meeting of the Drafting Committee (Hamburg, 25-28 January 2010) – February 2010

UNIDROIT 2010 - Study L - Doc. 114
Working Group for the preparation of Principles of International Commercial Contracts (3rd). Fifth session, Rome, 24-28 May 2010. Draft Rules on Restitution by Professor Reinhard Zimmermann, Director at the Max-Planck-Institut für ausländisches und internationales Privatrecht, Hamburg - March 2010

UNIDROIT 2010 - Study L - Doc. 115
Working Group for the preparation of Principles of International Commercial Contracts (3rd). Fifth session, Rome, 24-28 May 2010. Article 1.4 (Mandatory Rules) Revised Comments by Professor Michael Joachim Bonell, Consultant, UNIDROIT - February 2010

UNIDROIT 2010 - Study L - Doc. 116
Working Group for the preparation of Principles of International Commercial Contracts (3rd). Fifth session, Rome, 24-28 May 2010. Draft [Chapter][Section] on Illegality by Professor Michael Joachim Bonell, Consultant, UNIDROIT - February 2010

UNIDROIT 2010 - Study L - Doc. 117
Working Group for the preparation of Principles of International Commercial Contracts (3rd). Fifth session, Rome, 24-28 May 2010. Draft Chapter on Plurality of Obligors and/or Obligees by Professor Marcel Fontaine, Emeritus at the Catholic University of Louvain Law School - April 2010

UNIDROIT 2010 - Study L - Doc. 118
Working Group for the preparation of Principles of International Commercial Contracts (3rd). Fifth session, Rome, 24-28 May 2010. Draft Chapter on Conditions by Professor Bénédicte Fauvarque-Cosson, Université Panthéon-Assas Paris II - April 2010

UNIDROIT 2010 - Study L - Doc. 119
Working Group for the preparation of Principles of International Commercial Contracts (3rd). Fifth session, Rome, 24-28 May 2010. Placement of the new draft Chapters in the third edition of the UNIDROIT Principles (Memorandum of the UNIDROIT Secretariat) - April 2010

UNIDROIT 2010 - Study L - Doc. 120
Working Group for the preparation of Principles of International Commercial Contracts (3rd). Draft Rules on Restitution by Professor Reinhard Zimmermann, Director at the Max-Planck-Institut für ausländisches und internationales Privatrecht, Hamburg - June 2010

UNIDROIT 2010 - Study L - Doc. 121
Working Group for the preparation of Principles of International Commercial Contracts (3rd). Article 1.4 (Mandatory Rules) Revised Comments by Professor Michael Joachim Bonell, Consultant, UNIDROIT - June 2010

UNIDROIT 2010 - Study L - Doc. 122
Working Group for the preparation of Principles of International Commercial Contracts (3rd). Chapter 3. Draft Section 3. Illegality, by Professor Michael Joachim Bonell, Consultant, UNIDROIT - June 2010

UNIDROIT 2010 - Study L - Doc. 123
Working Group for the preparation of Principles of International Commercial Contracts (3rd). Draft Chapter ll on Plurality of Obligors and of Obligees, by rofessor Marcel Fontaine, Emeritus at the Catholic University of Louvain Law School - June 2010

UNIDROIT 2010 - Study L - Doc. 124
Working Group for the preparation of Principles of International Commercial Contracts (3rd). Chapter 5. Draft Section 3. Conditions, by Professor Bénédicte Fauvarque-Cosson, Université Panthéon-Assas Paris II – June 2010

UNIDROIT 2010 - Study L - Misc. 30
Working Group for the preparation of Principles of International Commercial Contracts (3rd). Fifth session, Rome, 24-26 May 2010. Summary report (prepared by the UNIDROIT Secretariat) - June 2010

Study LIX A – Model Law on Leasing
UNIDROIT 2010 - Study LIX A - Doc. 23
UNIDROIT Model Law on Leasing (adopted in Rome, on 13 November 2008, by a Joint Session of the UNIDROIT General Assembly and the UNIDROIT Committee of governmental experts for the finalisation and adoption of a draft model law on leasing): Official Commentary (as prepared by the UNIDROIT Secretariat, in close co-operation with Mr R.M. DeKoven, Reporter to the Joint Session, Mr N.J. Makhubele (South Africa), Chairman of the UNIDROIT Committee of governmental experts, and Ms M. Allouch and Ms C. Walsh (Canada), Mr E.M. Bey (France) and Messrs M.J. Dennis, H.D. Gabriel, W. Henning and S. Weise (United States of America), as members of the Drafting Committee of the Joint Session) - March 2010

UNIDROIT 2010 - Study LIX A - Doc. 24
UNIDROIT Model Law on Leasing (adopted in Rome, on 13 November 2008, by a Joint Session of the UNIDROIT General Assembly and the UNIDROIT Committee of governmental experts for the finalisation and adoption of a draft model law on leasing): Official Commentary (as prepared by the UNIDROIT Secretariat, in close co-operation with Mr R.M. DeKoven, Reporter to the Joint Session, Mr N.J. Makhubele (South Africa), Chairman of the UNIDROIT Committee of governmental experts, and Ms M. Allouch and Ms C. Walsh (Canada), Mr E.M. Bey (France) and Messrs M.J. Dennis, H.D. Gabriel, W. Henning and S. Weise (United States of America), as members of the Drafting Committee of the Joint Session, and authorised for publication by the UNIDROIT Governing Council at its 89th session, held in Rome from 10 to 12 May 2010) – May 2010

Study LXV – Programme of Legal Co-operation
UNIDROIT 2010 - Study LXV – Scholarships; Impl. 21 rev.
Research Scholarships Programme: Implementation Report for the Financial Year 2009

Study LXXII J – International Interests in Space Property

UNIDROIT Committee of governmental experts for the preparation of a draft Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets (Fourth session, Rome, 3/7 May 2010)

UNIDROIT 2010 – C.G.E./Space Pr./4/W.P. 1 rev.
Revised draft agenda (prepared by the UNIDROIT Secretariat) – April 2010

UNIDROIT 2010 – C.G.E./Space Pr./4/W.P. 2 rev.
Explanatory note on the revised draft agenda for the session (prepared by the UNIDROIT Secretariat) – April 2010

UNIDROIT 2010 – C.G.E./Space Pr./4/W.P. 3 rev.
Revised version of the preliminary draft Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets (as prepared by Professor Sir Roy Goode (United Kingdom) and Mr J.M. Deschamps (Canada), as Co-chairmen of the Drafting Committee - to reflect the conclusions reached by the Committee of Governmental experts at its third session, held in Rome from 7 to 11 December 2009, and to incorporate drafting improvements - and as reviewed by the Drafting Committee). Explanatory memorandum on drafting amendments (prepared by Professor Sir Roy Goode and Mr Deschamps - April 2010

UNIDROIT 2010 – C.G.E./Space Pr./4/W.P. 4 rev.
Revised version of the preliminary draft Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets (as prepared by Professor Sir Roy Goode (United Kingdom) and Mr M. Deschamps (Canada), as Co-chairmen of the Drafting Committee - to reflect the conclusions reached by the Committee of governmental experts during its third session, held in Rome from 7 to 11 December 2009, and to incorporate dafting improvements - and as reviewed by the Drafting Committee): Comments (submitted by Governments, Organisations and representatives of the international commercial space, financial and insurance communities) - April 2010

UNIDROIT 2010 – C.G.E./Space Pr./4/W.P. 4 rev. Add.1
Revised version of the preliminary draft Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets (as prepared by Professor Sir Roy Goode (United Kingdom) and Mr M. Deschamps (Canada), as Co-chairmen of the Drafting Committee - to reflect the conclusions reached by the Committee of governmental experts during its third session, held in Rome from 7 to 11 December 2009, and to incorporate drafting improvements - and as reviewed by the Drafting Committee): Comments (submitted by Governments, Organisations and representatives of the international commercial space, financial and insurance communities) - April 2010

UNIDROIT 2010 – C.G.E./Space Pr./4/W.P. 5
Report on the responses to the enquiries made of potential candidates to exercise the functions of Supervisory Authority of the international registration system for space assets to be established under the future Protocol (prepared by the UNIDROIT Secretariat) - May 2010

UNIDROIT 2010 – C.G.E./Space Pr./4/W.P. 6
Summary report for 3 May 2010 (prepared by the UNIDROIT Secretariat) - May 2010

UNIDROIT 2010 – C.G.E./Space Pr./4/W.P. 7
Proposal for a new Article XIII(1) (presented by the delegations of Japan, Canada and the United Kingdom) - May 2010

UNIDROIT 2010 – C.G.E./Space Pr./4/W.P. 8
Summary report for 4 May 2010 (prepared by the UNIDROIT Secretariat) - May 2010

UNIDROIT 2010 – C.G.E./Space Pr./4/W.P. 9
Summary report for 5 May 2010 (prepared by the UNIDROIT Secretariat) - May 2010

UNIDROIT 2010 – C.G.E./Space Pr./4/W.P. 10
Interim report of the Drafting Committee - May 2010

UNIDROIT 2010 – C.G.E./Space Pr./4/W.P. 11
Proposal for a new Article XXXVII bis and a new Article XXXVIII bis (presented by the delegation of the United States of America) - May 2010

UNIDROIT 2010 – C.G.E./Space Pr./4/W.P. 12
Summary report for 6 May 2010 (prepared by the UNIDROIT Secretariat) - May 2010

UNIDROIT 2010 – C.G.E./Space Pr./4/W.P. 13
Report on the work of the informal Working Group on limitations on remedies (prepared by the UNIDROIT Secretariat) - May 2010

UNIDROIT 2010 – C.G.E./Space Pr./4/W.P. 14
Report of the Drafting Committee - May 2010

UNIDROIT 2010 – C.G.E./Space Pr./4/W.P. 15
Summary report for 7 May 2010 - May 2010

UNIDROIT 2010 – C.G.E./Space Pr./4/Report
Report (prepared by the UNIDROIT Secretariat) - May 2010

UNIDROIT Committee of governmental experts for the preparation of a draft Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets (Fifth session, Rome, 21/25 February 2011)
UNIDROIT 2010 – C.G.E./Space Pr./5/W.P. 1.
Draft agenda (prepared by the UNIDROIT Secretariat) – November 2010

UNIDROIT 2010 – C.G.E./Space Pr./5/W.P. 2
Explanatory note on the draft agenda for the session (prepared by the UNIDROIT Secretariat) – November 2010

UNIDROIT 2010 – C.G.E./Space Pr./5/W.P. 3
Text of the revised preliminary draft Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets as it emerged from the fourth session of the Committee, held in Rome from 3 to 7 May 2010 – November 2010

UNIDROIT 2010 – C.G.E./Space Pr./5/W.P. 4
Intersessional consultations with representatives of the international commercial space and financial communities (Rome, 18 October 2010): Report (prepared by the UNIDROIT Secretariat) – October 2010

UNIDROIT 2010 – C.G.E./Space Pr./5/W.P. 5
Intersessional meeting of the Informal Working Group on default remedies in relation to components (Rome, 19/21 October 2010): Report (prepared by the UNIDROIT Secretariat) – November 2010

UNIDROIT 2010 – C.G.E./Space Pr./5/W.P. 6
Intersessional meeting of the Informal Working Group of the Committee on limitations on remedies (Rome, 20/21 October 2010): Report (prepared by the UNIDROIT Secretariat) – November 2010

Study LXXVIII B – Emerging markets issues, follow-up and implementation established by the diplomatic Conference to Adopt a Convention on Substantive Rules regarding Intermediated

Committee on emerging markets issues, follow-up and implementation established by the diplomatic Conference to Adopt a Convention on Substantive Rules regarding Intermediated (First meeting, Rome 6 to 9 September 2010)

UNIDROIT 2010 – S78B/CEM/1/Doc. 1
Diplomatic Conference to adopt a Convention on Substantive Rules Regarding Intermediated Securities. Committee on emerging markets issues, follow-up and implementation. First meeting, Rome, 6 to 9 September 2010. Annotated provisional agenda - June 2010

UNIDROIT 2010 – S78B/CEM/1/Doc. 2
Diplomatic Conference to adopt a Convention on Substantive Rules Regarding Intermediated Securities. Committee on emerging markets issues, follow-up and implementation. First meeting, Rome, 6 to 9 September 2010. Proposal for an international instrument on the Netting of Financial Instruments - August 2010

UNIDROIT 2010 – S78B/CEM/1/Doc. 3
Diplomatic Conference to adopt a Convention on Substantive Rules Regarding Intermediated Securities. Committee on emerging markets issues, follow-up and implementation. First meeting, Rome, 6 to 9 September 2010. Accession Kit to the UNIDROIT Convention on Substantive Rules for Intermediated Securities ("Geneva Securities Convention"). Information for Contracting States in respect of the Convention's declarations and references to sources of law outside the Convention. Draft prepared by the Secretariat - August 2010

UNIDROIT 2010 – S78B/CEM/1/Doc. 4
Diplomatic Conference to adopt a Convention on Substantive Rules Regarding Intermediated Securities. Committee on emerging markets issues, follow-up and implementation. First meeting, Rome, 6 to 9 September 2010. Report (prepared by the UNIDROIT Secretariat) - December 2010

Study LXXIX – Third party liability for Global Navigation Satellite System (GNSS) services
UNIDROIT 2010 – Study LXXIX – Preliminary Study
Informal Consultation Meeting on “Third party liability for Global Navigation Satellite System (GNSS) services”. Rome, 22 October 2010. An instrument on third party liability for Global Navigation Satellite System (GNSS) services: a preliminary study (prepared by the UNIDROIT Secretariat) - March 2010
CURRENT WORK ON UNIDROIT'S DEPOSITARY FUNCTIONS
Convention on International Interests in Mobile Equipment (Cape Town, 2001)
Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment (Cape Town, 2001)
UNIDROIT 2010 DC9/DEP – Doc. 1 Rev. 3
The system of declarations under the Convention on International Interests in Mobile Equipment and the Protocol thereto on Matters Specific to Aircraft Equipment: An explanatory memorandum for the assistance of States and regional economic integration Organisations in the completing of declarations (prepared by the UNIDROIT Secretariat, as Depositary)

UNIDROIT 2010 DC9/DEP - Doc. 8
Seminar - The European Community and the Cape Town Convention. Rome, 26 November 2009. Summary Report (prepared by the UNIDROIT Secretariat) - June 2010

UNIDROIT 2010 DC9/DEP - Doc. 9
Depositary Report: 1 January 2008 - 31 December 2009


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