NCJ Number
95151
Journal
Journal of World Trade Law Volume: 17 Dated: (1983) Pages: 389-396
Date Published
1983
Length
8 pages
Annotation
Negotiations on the Code of Conduct on the Transfer of Technology have led to the formulation of a few provisions pertaining to applicable law and arbitration as a means of settling transactional disputes; however, these provisions do not yet form a part of the draft Code.
Abstract
Neither the developed-countries members of the OECD (group B) nor the socialist countries (group D) have significantly changed the OECD position since the negotiations began; the position of the developing countries (group of 77) has evolved throughout the process. The most recent position of the group of 77 on applicable law has been to distinguish between matters relating to public policy or sovereignty and other matters relating to the transfer of technology transaction. The group of 77's text assumes that the policies embodied in the laws of technology-acquiring nations will be consistent with the Code, while those of technology-supplying nations will be less likely to be consistent with the Code. The Code should encourage parties to conform their agreements to the standards of the Code and to choose as applicable to their transactions national laws consistent with the Code. The current draft of the Code is a compromise that does not satisfy any of the regional groups. The Code should leave the burden of choosing among national laws and courts to national law. Seven references are included.