ADVISORY COMMITTEE
ON PRIVATE INTERNATIONAL LAW
NOVEMBER 14-15, 2002
WASHINGTON, DC
International Law Institute
1615 New Hampshire Ave., NW
AGENDA
The following agenda is
subject to change:
10:00 AM: Welcoming comments ILI Director Don Wallace
Opening remarks – Legal Advisor
William Taft, IV
Administrative announcements
• International dispute
resolution:
The on-going saga of the Hague Conference draft convention on jurisdiction and enforcement of foreign judgments
New York Convention on enforcement of foreign arbitral
awards: possible changes
•
International developments: Reports on developments in international
organizations, bar associations, NGOs and others.
Lunch Break 12:15 – 1:30
•
Commercial finance reform:
Globalization and
the effect of economics-based private law reform, including completion of three
multilateral and regional projects on cross-border secured interest financing.
The
2001 UNCITRAL
Convention on accounts receivable finance
The
2001
UNIDROIT-ICAO Convention on mobile equipment finance
The
2002 OAS
CIDIP-VI Model national law on secured finance
Committee
endorsement will be sought on the principles of the three texts, all of which
follow similar commercial law and capital markets fundamentals
Securities
transactions: A fourth project, a convention on law applicable to securities
intermediaries, is scheduled for completion at the Hague in December 2002
UNIDROIT: new
project on transborder security interests in securities and global shares.
UNCITRAL: model
law on secured financing
• International
Franchising: completion by
UNIDROIT of the Model Franchise Disclosure
Law; effect on globalization of
business entities and cross-border financing
Committee
endorsement will be sought on the Model Law
FRIDAY AM
•
International commercial conciliation: UNCITRAL’s new model law.
Committee endorsement will be sought on the
model, which will be part of a new NCCUSL project.
•
Family law and emerging international process:
Bilateral and
multilateral proposals on child support; protection of children and
incapacitated adults
Implementation of
the Hague Conventions on
child adoption and
abduction;
transfrontier access
Federal-state
issues affecting cross-border family interests
FRIDAY PM
•
Electronic commerce:
Current
developments and road blocks; free market laws vs. regulation of commerce
Proposals for an
omnibus protocol to amend existing multilateral treaties
UNCITRAL’s draft
convention on e-contract law; virtual goods and data rights.
•
Projections for the PIL field for the
coming year
International
trends, including globalization and the international process
Multilateralism
and the role of regional bodies, such as the EU, OAS, OHADA and others
Lessons
from the last years’ developments
Advance topics for a Spring ACPIL meeting:
• Maritime and transportation
law: startup of the latest effort in a 80 year (or more) quest for a unified
carriage of goods by sea law; the possibility and pitfalls of a multimodal
treaty; and the 2002 OAS Inter-American roadway bill of lading.
• International securities
transactions: the Hague convention on conflicts rules for securities
intermediaries in cross-border transfers; start-up of the UNIDROIT project on
harmonization of substantive rules for cross-border securities, and possible
private law rules for global shares.
• The Hague judgments
convention and international dispute resolution: update and prospects for 2003;
developments in alternative dispute resolution, including online and other
e-commerce related actions; the ALI-UNIDROIT transborder procedure project.
• Outer space finance:
negotiations on rules for private law financing in outer space , and the
relationship of the 2001 Cape Town (UNIDROIT) convention on mobile equipment
finance to the existing UN Outer Space treaty system and public international
law.
• International insolvency law
reform: relation to goals of the World Bank, the IMF, the ADB and others;
private law concepts of reorganization applied to sovereign debt; incorporation
of the 1997 UNCITRAL model law into US bankruptcy law.
• International project
finance: continuing progress of the late 20th century movement
toward public-private sector partnerships for infrastructure development,
especially in developing countries.
• OAS-sponsored CIDIP-VII
conference: proposals for PIL topics
Recommendations
for additional topics are welcome.