Private International Law

Welcome to the Private International Law site, maintained by the Office of the Assistant Legal Adviser for Private International Law (L/PIL) at the U.S. Department of State. L/PIL is responsible for the negotiation and conclusion of international conventions, model laws and rules, legislative guides, and other instruments governing private transactions that cross international borders. For Current Developments, see below. This website is intended to provide a convenient location to find information regarding private international law in areas such as trade, finance and banking; judicial assistance; arbitration and judgments; matters involving families and children; and wills, trusts and estates. The database accessible on this page is organized into the following categories: Commercial Law Judicial Assistance Arbitration and Judgments Family Law Wills, Trusts and Estates General Resources The categories (other than General Resources) generally contain the following subheadings: PIL conventions to which the U.S. is a party PIL conventions for which U.S. ratification/accession is under consideration Other PIL conventions (illustrative only not meant to be comprehensive) Other PIL instruments (e.g., model laws, legislative guides, etc.) Work in progress For links to specific conventions or other instruments, please refer to the listings under General Resources for the relevant intergovernmental organizations concerned with the unification and development of private international law: the United Nations Commission on International Trade Law (UNCITRAL); the Hague Conference on Private International Law (HCOPIL); the International Institute for the Unification of Private Law (UNIDROIT); and the Organization of American States (OAS). In addition, the Current Developments section below, which is updated quarterly, provides information on current negotiations and projects, the U.S. Government position on certain matters, and upcoming events. Persons or organizations wishing to comment on this website or to otherwise contact L/PIL are invited to do so by email, fax or letter to the following: Keith Loken Assistant Legal Adviser for Private International Law

Suite 357, South Building 2430 E Street, N.W. Washington, D.C. 20037-2851 Fax: (202) 776-8482 Email: smeltzertk@state.gov attn: Trish Smeltzer

Current Developments
Current Developments (updated 10-1-12) The annual meeting of the State Departments Advisory Committee on Private International Law (ACPIL) will be held October 11-12, 2012 at George Washington University Law School. Contact the Office of Private International Law for details. Recent events: The annual plenary session of the United Nations Commission on International Trade Law (UNCITRAL) was held in New York June 25-July 6. The Commission, inter alia: - Adopted a Guide to Enactment to accompany the 2011 UNCITRAL Model Law on Public Procurement. - Adopted Recommendations to assist arbitral institutions and other interest bodies with use of the newly revised (2010) UNCITRAL Arbitration Rules. - Endorsed ongoing work in several working groups dealing with transparency in investor-State arbitration; online dispute resolution; electronic transferable records; the center of main interests in cross-border insolvency; and secured transaction registry guidelines. - Approved the holding of colloquia on public-private partnerships in the context of the financing of infrastructure projects, and on microfinance and other topics relating to creating an enabling environment for small and medium-sized enterprises. - Decided to hold a colloquium on international contract law. - Reaffirmed the important role of UNCITRAL in the rule of law program of the United Nations. The Uniform Law Commission held its annual meeting in Nashville July 13-19. The delegates adopted a uniform act designed to implement, under state law, the Hague Convention on Choice of Court Agreements. (Note: In consultations with domestic stakeholders, an agreed method of implementing the Convention under U.S. law has not yet been worked out.) The delegates also received a report on progress made by a drafting committee in preparing amendments to existing uniform law to implement the Hague Child Protection Convention, which the United States signed in 2010. A conference on secured transaction reform was held at the Atlanta Federal Reserve, July 16-17. The conference was sponsored by the Atlanta Fed and the Institute of the Americas. Legal experts and representatives from fourteen countries in North and South America participated. The conference focused upon ongoing efforts with regard to secured transaction reform in the region as well as other legislative initiatives that are of benefit to micro and small businesses.

Looking ahead: The Hague Conference on Private International Law will host two Special Commissions this fall: - November 6-9: Special Commission on the practical operation of the Hague Apostille Convention. - November 12-16: Special Commission on the development of non-binding rules on choice of law in international commercial contracts. Government representatives will assemble in Rome October 1-5 for an UNIDROIT meeting on the preparation of principles regarding the enforceability of close-out netting provisions. UNCITRAL will hold several working group meetings this fall in Vienna: - WG II Arbitration and Conciliation: Will meet October 1-5 to continue work on new transparency rules for treaty-based investor-State arbitration. - WG III Online Dispute Resolution: November 5-9, this group will meet to further develop new generic rules on ODR for cross-border business-to-business and business-to-consumer transactions. - WG IV Electronic Commerce: This working group will meet October 29-November 2 to resume consideration of a possible instrument on electronic transferable records. - WG V Insolvency: The November 26-30 session of this working group will continue work on guidance regarding the debtors center of main interests and is expected to also take up issues of responsibility, authority and liability of directors of an enterprise in the period preceding insolvency. - WG VI Security Interests: This group is scheduled to assemble December 10-14 to continue developing registry guidelines for secured transactions. The NAFTA Advisory Committee on Private Commercial Disputes will hold its annual meeting in Puebla, Mexico October 28-30. Recent ACPIL meetings: 1. Public meeting on transparency in treaty-based investor-State arbitration September 19, 2012 A public meeting of the Study Group on International Arbitration and Conciliation was held, under the auspices of the State Departments Advisory Committee on Private International Law, on September 19, 2012 at the Department of State, Room 240, South Building, State Department Annex 4, 2430 E Street, NW, Washington DC. The meeting was chaired by the Assistant Legal Adviser for Private International Law. The public meeting was convened to discuss ongoing negotiations in the United Nations Commission on International Trade Law (UNCITRAL) on the development of an instrument on

transparency in treaty-based investor-State arbitration. An UNCITRAL working group has held four previous sessions on this project, and will convene again in Vienna October 1-5, 2012 to continue a second reading of draft rules on transparency. During the meeting, there was discussion in particular of the following issues: - The scope of application of the new transparency rules, i.e., when such rules would be applied in the context of either existing or future investment treaties that provide for settlement of investor claims under the UNCITRAL Arbitration Rules. - Potential use of new transparency rules with arbitration rules other than the UNCITRAL Arbitration Rules. - The transparency standards (and exceptions) that should apply to various aspects of the arbitral process: publication of the notice of arbitration; publication of other documents; publication of awards; amicus participation; non-disputing State Party participation; and attendance at hearings. - Choosing a repository that would be responsible for making documents public. - The proposal for a multilateral convention that would provide for application of the transparency rules, on a reciprocal basis, under existing investment treaties. No matter was resolved. No report was approved. 2. Public meeting on the enforceability of close-out netting provisions September 21, 2012 A public meeting was held, under the auspices of the State Departments Advisory Committee on Private International Law, on September 21, 2012 at the Federal Reserve Bank of New York, 33 Liberty Street, New York, NY. The public meeting was convened to discuss upcoming negotiations being held by UNIDROIT (the International Institute for the Unification of Private Law) to further develop a draft set of principles regarding the enforceability of close-out netting provisions. Close-out netting is a contractual mechanism used by financial institutions and other market participants to reduce their risk exposure, and is thus a key tool for preserving the stability of the financial system. An UNIDROIT study group has produced a draft of the principles, which are intended to serve as a guide for evaluating whether the legal systems in various jurisdictions around the world adequately recognize the enforceability of netting provisions. UNIDROIT is holding intergovernmental meetings in Rome on October 1-5, 2012, to discuss the draft; it is expected that at least one more round of intergovernmental meetings will be needed before the project is completed. During the meeting, there was discussion in particular of the following issues, as they relate to the draft principles: - The definition of close-out netting, i.e., the various steps that are involved when netting occurs. - The types of parties that should be eligible to have their transactions netted. - The types of obligations that should be eligible to be netted. - The treatment of netting provisions in insolvency proceedings. - The choice of law problems raised by netting in a cross-border context.

No matter was resolved. No report was approved.