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Common law responses to the Unidroit Principles of International Commercial Contracts

In: The Elgar Companion to UNIDROIT

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  • Paul MacMahon

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.

Suggested Citation

  • Paul MacMahon, 2024. "Common law responses to the Unidroit Principles of International Commercial Contracts," Chapters, in: Thomas John & Rishi Gulati & Ben Köhler (ed.), The Elgar Companion to UNIDROIT, chapter 12, pages 178-192, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:21631_12
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    File URL: https://www.elgaronline.com/doi/10.4337/9781803924564.00024
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    Keywords

    Law - Academic; Politics and Public Policy;

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