MacMahon, Paul 
ORCID: 0000-0003-3386-0667
(2024)
Common law responses to the Unidroit Principles of International Commercial Contracts.
In: Köhler, Ben, Gulati, Rishi and John, Thomas, (eds.)
The Elgar Companion to UNIDROIT.
Elgar Companions to International Organisations series.
Edward Elgar, Cheltenham, UK, 178 - 192.
ISBN 9781803924557
Abstract
This chapter examines the reactions of lawyers and scholars in common-law jurisdictions to Unidroit’s Principles of International Commercial Contracts (PICC). The PICC are inspired both by civil-law and common-law approaches to contracts and arguably represent an improvement on the common law in several respects. The PICC are, however, often met with indifference or hostility in common-law jurisdictions, for reasons the chapter explores. In particular, the PICC’s embrace of general principles of fairness is difficult for many common-law lawyers engaged in international practice to accept. Relatedly, the PICC’s potential effect on documentary certainty has provoked scepticism. The last of these themes is explained through a close analysis of Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait), where the UK Supreme Court resolved a direct conflict between the PICC and English law.
| Item Type: | Book Section |
|---|---|
| Official URL: | https://www.e-elgar.com/shop/gbp/the-elgar-compani... |
| Additional Information: | © 2024 The editors and contributors severally |
| Divisions: | Law |
| Subjects: | K Law > K Law (General) |
| Date Deposited: | 05 Jun 2024 12:27 |
| Last Modified: | 11 Dec 2024 18:14 |
| URI: | http://eprints.lse.ac.uk/id/eprint/123788 |
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