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September 2010
 


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Agenda for Copenhagen

From Cathérine Cotsaki/Sebastian Hök/Francis Wallace



1. Opening speech by the President

2. Statement of the AGENDA

3. Report of group activities for new members or new participants (debt recovery abroad, international litigation, securities, power of attorney, interlocutory measures): 10 minutes

4. Short introduction by Sebastian Hök into the EPCL and the Unidroit Principles: The use of soft law in the daily practise: 30 minutes

5. Case Studies present by

a.       Pietro Bembo

b.      Catherine Cotsaki

c.       Blanca Padrós

d.      Peter Backström

e.       Anna Ogrenchuk

6. Discussions

7. Agenda for Palma de Mallorca

8. Treasurer´s Report

8. End of meeting

Annex:

Case Study I

 

The contractor C was awarded a contract by the employer E (client, customer) for work to be done for the construction of a hotel. The contract has been concluded orally just by handing over the design and drawings.

 

  1. after the commencement date a strike broke out. The contractor had to stop the works for four weeks.
  2. after substantial completion of the works defects appear.

 

The employer himself has already let the hotel for an EJ congress in London to EJ in Brussels at a fixed date. The Employer therefore instructs the contractor to accelerate the works. The extra costs for the acceleration amount to 100.000 EUR.  Who bears the costs?

 

What can the employer do, when he becomes aware of the defects?

 

Case study II

 

A purchase contract has been made between S (seller) und P (purchaser), by which the purchaser is obliged to provide a “contract price guarantee” at the amount of 100.000 EUR. The contract has been signed in two written versions but first drafted in the language of your home country. One has been made in English and one in the language of your home country. From the legal point of view we suppose that the interpretation of the contract leads to the result that the purchaser has to provide a bank guarantee and under the English wording it will be sufficient that he provides a parent company guarantee.

 

You are the consultant of S who asks you whether he has to accept a parent company guarantee or if he can refuse to accept it by requesting a guarantee of a bank?

 

Instructions:

 

  1. Please check the cases under the law of your country and give us an idea how you would decide if you would have to apply the Unidroit Rules (English version).
  2. Please give us an example for contract clauses by using the Unidroit Principles
    1. for the allocation of risks in case Study I
    2. for a contractual remedy which enables the employer to claim for the remedying of the defects in Case Study I
    3. for a clause ruling the language discrepancy
    4. for a clause ruling the obligation of the purchaser to provide an on demand guarantee