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March 2019
Inter-American Juridical Committee approves Guide on the law applicable to International Commercial Contracts in the Americas
On February 22, 2019 during its regular session
held at its headquarters in Rio de Janeiro, the
Inter-American Juridical Committee (CJI)
approved the "Guide
on the Law Applicable to International
Commercial Contracts in the Americas."
In 1994, the Organization of American States
approved the
Inter-American Convention on the Law Applicable
to International Contracts. This treaty,
known as “the Mexico Convention” was taken into
consideration by the Hague Conference on Private
International Law when drafting the 2015 Hague
Principles on Choice of Law in International
Commercial Contracts. In 2015, shortly after
the 20th anniversary of the Mexico Convention,
given ongoing disparities among the laws of
countries of the region in the law applicable to
international commercial contracts, the CJI
decided to undertake the elaboration of a Guide,
which would incorporate recent advances such as
those of the Hague Principles, promote legal
harmonization in the region and thereby
stimulate economic integration, growth and
development in the hemisphere.
One of the main purposes of the Guide is to
assist legislators called to examine the
internal legal system governing the law
applicable to international commercial
contracts, tribunals that settle disputes
relating to such contracts, as well as
contracting parties themselves.
The Guide is the result of hard work and a broad
process of consultations among experts in the
field, including academics, lawyers working in
this field, as well as representatives of
international organizations.
The CJI requested the rapporteur of the topic,
with the support of the Department of
International Law, Technical Secretariat of the
CJI, to disseminate the Guide as widely as
possible among interested stakeholders.
For further information on this matter, please contact the Department of International Law of the OAS – Technical Secretariat of the Inter-American Juridical Committee +1 202 370 0743.
»
Additional information on recent developments in the Committee's work can be seen on
this link
»
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