New Tool for Navigating the Future of Cross-Border Contracts
Prof. Dr. Eckart Broedermann (left), 9 April 2018, Paris at 2d European Arbitration Day, Wolters Kluwer Exhibit Table
April 2018 - Prof. Dr. Eckart Broedermann recently published his commentary on the 211 principles of the UNIDROIT Principles of Commercial Contracts, an ingenious tool for cross-border contract drafting and dispute resolution on neutral ground providing a practice-proven bridge between common and civil law. The UNIDROIT Principles of International Commercial Contracts have been compiled by expert groups of the inter-governmental organization UNIDROIT over 30 years (since 1980 with the first release in 1994 and the last release in 2017 of the latest version of the 4th edition 2016). The United Nations Commission in International Trade Law (UNCITRAL) has approved and recommended to counsels around the globe to use the UNIDROIT Principles.
“The UNIDROIT Principles, created for cross-border B2B contracts, are an important instrument for all international practitioners although the Principles themselves are not part of many law school curriculums. I have been using them close to 15 years on a regular basis in a multitude of contexts. Based on my personal work experience with the UNIDROIT Principles, as well as my experience in participating in the discussions of the Working Group of UNIDROIT for several years, as an official observer, I decided to write an article-by-article commentary, Eckart Broedermann, UNIDROIT Principles of International Commercial Contracts, an Article-by-Article Commentary, published by Wolters Kluwer in 2018. For each rule, I have concentrated on its background, summarized its practical requirements, defined its limits and strived to present options to its application, as appropriate under the given circumstances. The book provides a useful tool in working with the UNIDROIT Principles and navigating through the myriad of options and inspirations which they offer to the drafting of contracts, advising businesses and resolving disputes (once there is a dispute governed by the UNIDROIT Principles).”
Prof. Dr. Broedermann is the managing partner in the law firm of Broedermann Jahn in Hamburg, Germany. In his practice, Prof. Dr. Eckart Broedermann has concentrated both on international business law (including distribution schemes, M&A, trade, international construction) and on international litigation and arbitration for 25 years. In his teaching at Hamburg University and in his publications, Prof. Dr. Broedermann concentrates on international contract law (including risk management) and on international arbitration. His education includes University of Paris, Harvard Law School, and the University of Hamburg. He is fluent in German, English, French, and Italian. Prof. Dr. Broedermann is a Fellow of the Chartered Institute of Arbitrators, London, and he is a German Bar “Certified Specialist of International Economic Law.” Prof. Dr. Broedermann sits as an arbitrator with various arbitration institutions and is listed on several panels around the globe. He serves as the honorary Managing Director of the Chinese European Arbitration Centre (www.ceac-arbitration.com), and is the Chair of the Primerus International Dispute Resolution Practice Group.
Broedermann Jahn is also a member of The International Society of Primerus Law Firms.