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106 Dick. L. Rev. 159 (2001-2002)
Receivables Financing and the Conflict of Laws: The UNCITRAL Draft Convention on the Assignment of Receivables in International Trade

handle is hein.journals/dlr106 and id is 171 raw text is: Receivables Financing and the Conflict of Laws: The UNCITRAL Draft Convention on the Assignment of Receivables in International Trade Catherine Walsh* In a country a great part of whose commercial capital is employed abroad, it is particularly proper that such capital over which the trader has disposing power although situated out of the Kingdom, should be considered as referable to the domicilium of the owner.' I. Introduction Private international law solutions to legal problems created by differences among legal systems are often distrusted. Instead of a substantive solution, a choice of law rule merely provides a signpost -and not always a clear one -to the source where the solution may be found. Moreover, a solution incubated in a domestic factual * Faculty of Law, McGill University, Montreal, Canada; email catherine.walsh@mcgill.ca. The author was a member of the Canadian delegation to the Working Group charged with developing the UNCITRAL Draft Convention on the Assignment of Receivables in International Trade which is the focus of this paper. The text of the Draft Convention appears in annex 1 of the Report of the United Nations Commission on International Trade Law on its thirty- fourth session 25 June-13 July 2001, Doc A/56/17. To view or print the report and annex, go to the UNCITRAL web site at www.uncitral.org and follow the links to the 34th Annual Session. The other Canadian representatives to the Working Group were Michel Deschamps, a partner in the Montreal office of McCarthy, Tetrault, and Kathryn Sabo, Senior Counsel in the Public Law Policy Section of the Department of Justice in Ottawa. Although I am indebted to these colleagues for sharing their expertise and experience, the views expressed here do not necessarily reflect theirs, nor do they represent the official position of the government of Canada. I am, of course, solely responsible for all errors and omissions. 1. Philips v. Hunter (1795) 2 G, Blackst., 402, 406, as quoted by MARTIN WOLFF, PRIVATE INTERNATIONAL LAW 510-511 (2d ed. Oxford: Clarendon, 1950).

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