Competition in International Sales Law – Perspectives on Choice

2012 is a significant year. It marks the 20th anniversary of the entry into force of the CISG, and the introduction of CESL. Placed within the context of other international and regional sales laws, one may say that those who shop in the market for laws are now spoilt for choice. But how is such choice to be exercised? Choice implies the selection of one instrument over the other, giving rise to notions of competition. It is in that sense important to understand how parties make such choices.

Choice in international sales law is in that respect the theme for MEPLI’s one-day roundtable conference scheduled for Friday 15 June 2012 and hosted at the Feestzaal of Maastricht Law Faculty.

This roundtable is divided into three panels, distinguished on the basis of perspective. Contributions in the first panel offer an institutional perspective on the choices available. A second panel focuses on competition between the instruments and how parties may be expected to choose. The third sheds some light on the similarities and differences between the instruments, suggesting criteria to evaluate these instruments, as well as views on what the best instrument is. Speakers are drawn from academia, legal practice, as well as commercial interests.

Attendance is free but do note that space is limited. You may register by Friday 8 June by email to Dr Gary Low (mepli@maastrichtuniversity.nl), and please include your full name, designation, and contact details. If you are subsequently unable to attend, please send an email to that effect to the same address.

The tentative programme is as follows:

Programme

1000 – 1025 Registration and coffee

1025 – 1030 Welcome address by Prof Jan Smits

Panel 1 – A view from the institutions

1030 – 1100 t.b.a.

1100 – 1130 An arbitrator’s perspective, Prof Christina Ramberg (Stockholm)

1130 – 1200 t.b.a.,  Prof Jan Smits (Maastricht)

1200 – 1330 Lunch

Panel 2 – How parties (ought to) choose

1330 – 1350 A psychology of choice of laws, Dr Gary Low (Maastricht)

1350 – 1410 Choice of jurisdiction, Prof Jan Dalhuisen (King’s College London, tentative)

1410 – 1430 A commercial perspective, Mr Eric Poelman (Philips CE)

1430 – 1500 Discussion

1500 – 1520  Coffee break

Panel 3 – Comparing choices

1520 – 1540 Formation/Incorporation, Dr Sonja Kruisinga (Utrecht)

1540 – 1600 interpretation of Contracts, Dr Nicole Kornet (Maastricht)

1600 – 1620 Remedies for Breach, Dr Olaf Meyer (Bremen)

1620 – 1650 Discussion

1650 – 1700 Closing remarks

1700 –             Reception