Boele-Woelki, Katharina Keywords: Party autonomy | Choice of law | International contracts | Private international law | International commercial arbitration | Trials | Mots clefs: ABSTRACT This course focuses on party autonomy in the context of the applicable law issued in international commercial contracts. It goes through explaining the Hague Principles on Choice of Law in International Commercial Contracts, finalized in 2013, and how they are used as a recent source on the matter. This reflection leads to the questio…

Boggiano, Antonio Keywords: Standard contracts | Private international law | International contracts | Comparative law | Mots clefs: Contrats standardisés | Droit international privé | Contrats internationaux | Droit comparé | ABSTRACT Antonio Boggiano, Professor at the School of Law of the University of Buenos Aires, devotes his course to standard contracts in international law. Standard contracts are developed by individual enterprises, groups of enterprises within the same sector, or by international organizations. The auth…

Lando, Ole Keywords: Law of contracts | Private international law | International contracts | Mots clefs: Droit des obligations | Droit international privé | ABSTRACT Ole Lando, Professor at the Institute for European Market Law in Copenhagen, points out in the introduction to his course that all contracts are governed by law. The purpose of Professor Lando’s course is to determine which law is applicable. The author intends to report on the conflict of laws as it appears in the most representative legal systems, namely…

F. Schnitzer, Adolf Keywords: Switzerland | International contracts | Private international law | Mots clefs: Suisse | Contrats internationaux | Droit international privé | ABSTRACT Adolf Schnitzer’s course is based on Swiss Private International Law related to obligations. In a general part, after a study of the external unification points referred to as the “small-denomination bill” in Swiss law (application of various laws to the different effects of the contract) and the “large denomination bill” (application of two…

Musin, Valeriy Keywords: Russian Federation | Sale | International contracts | Private international law | United Nations Convention on Contracts for the International Sale of Goods (Vienna, 11 April 1980) | International law and domestic law | Mots clefs: ABSTRACT The course of lectures deals with Russian civil law norms regulating sales contract as compared with relevant rules of the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980). The author shows that Russian norms are quite consistent with those of t…

Joachim Bonell, Michael Keywords: International contracts | International commercial law | Unidroit Principles of International Commercial Contracts ABSTRACT The International Institute for the Unification of Private Law (UNIDROIT) was the first attempt to “codify” the general part of international contract law. In this course, Michael Joachim Bonell first presents a brief description of the UNIDROIT Principles. The author then focuses on the three, at least in this context, most relevant ways in which the Princi…

Pocar, Fausto Keywords: Law of contracts | Private international law | International contracts | Mots clefs: Droit des obligations | Droit international privé | ABSTRACT In his course, Fausto Pocar, Professor at the University of Milan, discusses whether and to what extent an objective of private international law, along with other possible objectives, is to ensure the protection of the weak against the strong, whether there are rules drawn from such an objective and, if so, what their characteristic features are. The a…

Cordero-Moss, Giuditta Keywords: Party autonomy | International contracts | International commercial arbitration | Mots clefs: ABSTRACT This course aims to examine the limitations of party autonomy in international commercial arbitration, as parties have a central role in commercial arbitration. The idea is that a “closed circuit” made only of the rules the parties agreed on is not always possible, and other sources can impact the arbitration, thus the autonomy of the parties. First, external restrictions exist…

Nussbaum, Arthur Keywords: International contracts | Gold clause | Currency depreciation | Law of contracts | Mots clefs: Contrats internationaux | Clause or | Dépréciation des monnaies | Droit des obligations | ABSTRACT Gold Clause (Clause-Or) means a contractual agreement by which a debtor of sums of money pledges to pay gold coins or a sum corresponding to the value of a determined quantity of gold, explains Arthur Nussbaum. The author studies this clause by starting to distinguish other similar agreements. He then focuses o…

J. Weintraub, Russell Keywords: Law of contracts | Private international law | International contracts | Mots clefs: Droit des obligations | Droit international privé | ABSTRACT The distinction between conflict of laws concerning the validity of a contract and concerning its construction is central to any sensible application of functional analysis. In this course, the author explains the analysis, discusses the criticisms of the analysis that have emerged, and responds to these criticisms. He describes two features wide…

C. Hartley, Trevor Keywords: Common law | Law of contracts | International contracts | Mots clefs: Common law | Droit des obligations | Contrats internationaux | ABSTRACT In his course devoted to the Common Law approach of mandatory rules, Trevor C. Hartley, Professor at the London School of Economics and Political Science, gives several definitions of the concept of mandatory rules. He next discussed different theories that deal specifically with these rules. The author then focuses on the Rome convention and the America…

Sauser-Hall, Georges Keywords: International contracts | Gold clause | Currency depreciation | Law of contracts | Mots clefs: Contrats internationaux | Clause or | Dépréciation des monnaies | Droit des obligations | ABSTRACT Georges Sauser-Hall proposes a systematic study of the issue of the gold clause in contracts, at a time when the issue is of crucial importance. The author begins with a presentation of the legal nature of the gold clause, next focuses on the fight against the gold clause and on the conflicts of laws on the…

Jèze, Gaston Keywords: International contracts | Gold clause | Currency depreciation | Law of contracts | Mots clefs: Contrats internationaux | Clause or | Dépréciation des monnaies | Droit des obligations | ABSTRACT The failure of the State, for public loan contracts (domestic loans or external loans), is a current problem, writes Gaston Jeze in 1935. At the present moment, except a few small States (Switzerland, Holland), all the others have more or less seriously missed their commitments. It is certainly, continues the autho…

Williams, F. Keywords: Loans | International contracts | International law | World War I | War reparations | Dawes Plan | Mots clefs: Prêts | Contrats internationaux | Droit international | Réparations après la guerre mondiale de 1914 | Plan Dawes | ABSTRACT John Fischer Williams examines in this course the legal conditions under which contractual transfers of wealth occur, as well as the legal mechanism by which they are executed. The author presents in turn various legal questions concerning, in particular, the parties to international…