Second session, 4 - 8 June 2007
The Working Group for the preparation of a third edition of the UNIDROIT Principles of International Commercial Contracts held its second session in Rome from 4 to 8 June 2007. The session was attended by Berhooz Akhlaghi (Iran), M. Joachim Bonell (UNIDROIT, Chairman of the Working Group), Paul-André Crépeau (Canada), Samuel Kofi Date-Bah (Ghana), Benedicte Fauvarque-Cosson (France), Paul Finn (Australia), Marcel Fontaine (Belgium), Michael Philip Furmston (United Kingdom), Henry D. Gabriel (United States), Sir Roy Goode (United Kingdom), Arthur Hartkamp (The Netherlands), Alexander Komarov (Russian Federation), Ole Lando (Denmark), Takashi Uchida (Japan), Pierre Widmer (Switzerland), Zhang Yuqing (China) and Reinhard Zimmermann (Germany). The session was also attended by the following Observers: Ibrahim Al Mulla for the Emirates International Law Center, Eckart Brödermann for the Outer Space Group of the International Bar Association, Christine Chappuis for the Group de Travail Contrats Internationaux, Stefan Eberhard (substituting François Dessemontet) for the Swiss Arbitration Association, Lauro Gama, Jr. for the Brazilian Branch of the International Law Association, Alejandro Garro for the New York City Bar, Emmanuel Jolivet for the ICC International Court of Arbitration, Pilar Perales Viscasillas for the National Law Center for Inter-American Free Trade, Hilmar Raeschke-Kessler for the German Arbitration Institute, Giorgio Schiavoni for the Chamber of National and International Arbitration of Milan and Renaud Sorieul for the United Nations Commission on International Trade Law (UNCITRAL).
The Group was seized of five position papers prepared by the Rapporteurs on the following topics respectively: unwinding of failed contracts, illegality, plurality of obligors and/or obligees, conditions, and termination of long-term contracts for just cause. The Group proceeded to an in-depth discussion of the Position Paper on Unwinding of Failed Contracts (UNIDROIT 2007 – Study L – Doc. 100) by R. Zimmermann, the Position Paper on Illegality (UNIDROIT 2007 – Study L – Doc. 101) as well as an addendum to that paper (UNIDROIT 2007 – Study L – Doc. 101 Add.) both by M. Furmston, the Position Paper on Plurality of Obligors and/or of Obligees (UNIDROIT 2007 – Study L – Doc. 102) by M. Fontaine and the Position Paper on Conditions (UNIDROIT 2007 – Study L – Doc. 103) by B. Fauvarque-Cosson. Discussion of the Position Paper with Draft Provisions on Termination of Long-term Contracts for Just Cause (UNIDROIT 2007 – Study L – Doc. 104) by F. Dessemontet was deferred.
The Rapporteurs whose papers had been discussed were asked to prepare on their respective topics preliminary draft rules together with explanatory notes to be submitted to the Group for discussion at its next plenary session to be held in Rome from 26 to 30 May 2008.
Summary Records of the 2nd session of the Working Group (4 - 8 June 2007) (UNIDROIT 2007 – Study L – Misc. 27)