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Symposium Paper: Afterthoughts - International Commercial Contracts and Arbitration

Australian International Law Journal
Volume 17 (2010)

Abstract: This article mainly responds to Professor Bonell's three proposals (on page 177 of this volume) to expand usage of the UNIDROIT Principles of International Commercial Contracts (UPICC). As UPICC are primarily opt-in rules, they can be more ambitious than the United Nations Sales Convention (CISG). They also needed to be, being designed for all commercial contracts - including many more relational contracts. This imparts a somewhat different 'vibe' to UPICC, creating one impediment to the proposal for a UN Declaration urging interpretation of CISG in light of UPICC. As a formal reasoning based legal system, particularly in contract law, Australia also still struggles with such soft law initiatives. More promising will be law reform clarifying that courts, not just arbitrators in proceedings with the seat in Australia governed by the UNCITRAL Model Law on International Commercial Arbitration, are free to apply 'rules of law' - including UPICC - as the governing law. Elevating UPICC into a Model Law for International Commercial Contracts would also be useful. Australia could then adopt or adapt provisions as the basis for more comprehensive reform of its contract law. This would better mesh with burgeoning relational transactions, and many norms (such as good faith) could also extend to domestic dealings.

To cite this article: Nottage, Luke. Symposium Paper: Afterthoughts - International Commercial Contracts and Arbitration [online]. Australian International Law Journal, Vol. 17, 2010: [197]-204. Availability: <;dn=957940666503679;res=IELHSS> ISSN: 1325-5029. [cited 27 Nov 15].

Personal Author: Nottage, Luke; Source: Australian International Law Journal, Vol. 17, 2010: [197]-204 Document Type: Journal Article ISSN: 1325-5029 Subject: United Nations Commission on International Trade Law; Conflict of laws--Commercial law; Conflict of laws--Contracts; International Institute for the Unification of Private Law; United Nations Convention on Contracts for the International Sale of Goods (1980); Peer Reviewed: Yes Affiliation: (1) Associate Professor, Sydney Law School, and Program Director (Comparative and Global Law) Sydney Centre for International Law, University of Sydney

Database: Humanities & Social Sciences Collection