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> Presentation

Interleges (www.interleges.com), the international association of independent law firms, resolved to dedicate an award to the memory of its co-founder Stephen A. Rayner of London. Interleges hopes that the award will become an established annual event relative to international commercial law and international dispute resolution. The award will be granted to the author of the best essay on the subject matter elected by a specialised jury, and is open to undergraduate law students and law trainees who graduated after January 1, 2004.

 
> The Stephen Rayner Award 2006
 
Interleges believes in the benefits of international trade in the frame of the rule of law: international commercial law and WTO law are both important players in this game, despite their very different role.
 
> The subject matter
 
LEX MERCATORIA AND WORLD TRADE ORGANISATION LAW IN RELATION TO INTERNATIONAL COMMERCIAL CONTRACTS.
 
> Word limit
 
5000 words

Please see following Entry Specifications and Brief Guidance Notes for Applicants.
 
> Specifications
 
  1. Eligible applicants are law students and graduated law trainees from any and all jurisdictions. Graduated trainees are eligible only if they provide evidence that they graduated after January 1, 2004 and that they are not registered as lawyers, advocates, attorneys, judges or notaries within the relevant lawyer’s association or bar. Trainees in any Interleges member firms, Interleges approved correspondents or relatives of lawyers practising in Interleges member firms or Interleges approved correspondents are not eligible. Relatives of the judges and advisors to the competition are also not eligible.
     
  2. The essay shall not exceed 5,000 words and it must be written in English.
     
  3. The essay shall be posted or delivered on or before March 31, 2006 to the following address:

    Interleges c/o Ms. Annalisa Gordon, Interleges Administrator, 348a Old Ford Road, Victoria Park, London E3 5TA, United Kingdom.
     
  4. The essay must be signed and shall contain the following signed statement:

    “The applicant grants any and all copyright attached to his or her essay to Interleges and acknowledges that Interleges is authorised to publish this essay and/or make any use thereof at its entire discretion”.
     
  5. The applicant shall provide written evidence of his or her eligibility to participate in the competition (status of law student or trainee as above specified, etc.). The applicant shall also attach a copy of his or her passport and full contact details, including a telephone number and an e-mail address.
     
  6. Prize money shall be: USD 4,000,00
     
  7. The winner of the contest shall be reimbursed for reasonable travel expenses to and from Zürich to attend the final dinner of the Interleges Annual General Meeting (Hotel Savoy, Baur en Ville, Saturday 27th May 2006) to receive the award. Interleges shall also bear the cost of the winner’s accommodations at the Hotel Savoy.
     
  8. The jury shall be composed of Interleges President Salim El Meouchi Esq (Beirut), Dr. Arthur E. Appleton Esq (Geneva), Counsel White and Case International Trade LLP, Massimo Vittori, Counsel at the UN/WTO international trade center, Stefano de Bosio, Esq (Milan), Vice President of Interleges, and possibly one or two additional experts in international trade law/WTO law. The jury shall be entitled to conduct interviews with applicants either directly or through the Interleges member firm located nearest the applicant. In the event that members of the jury are divided, the vote of the President shall count double.
  9. The winner of the award shall be notified by April 30, 2006.
     
  10. Interleges may organise an event in Geneva or Paris, such as the presentation of the selected paper at a WTO or an ICC (the International Chamber of Commerce) conference. This would be in the second half of 2006 and the winner of the competition would be notified in due course.
 
> Brief Guidance Notes for Applicants
 
Though applicants are free to structure their papers as they think fit, we offer the following brief guidance to explain what the Interleges Executive Committee has in mind.
 

> Lex Mercatoria

We intend the expression “lex mercatoria” in a broad sense: we mean general principles of law and/or trade usages applicable to international contracts, but we include also such “restated principles” of contract law as the UNIDROIT Principles of International Commercial Contracts. Applicants should deal with the development of “lex mercatoria” and its fundamental principles. Applicants should then explore the effect of “lex mercatoria” (and principles included in “lex mercatoria”) on the interpretation and/or enforcement of international commercial contracts. Applicants should deal with the relationship between “lex mercatoria” and domestic/national laws and/or regulations and/or directives.

> WTO Law

The WTO agreements represents a “Copernican revolution” in international commercial relations. WTO Members established and continue to try and elaborate (e.g. the current “Doha Round”) rules with the aim of promoting international trade, and to restrict unnecessary obstacles to international trade, in particular non-tariff barriers. Applicants should briefly deal with the sources of WTO law, the fundamental principles of WTO law, and how they are implemented.

 

> Relationship between Lex Mercatoria and WTO Law

WTO law’s proper sphere of influence is generally in interstate relationships. Its purpose is to promote a liberal trading system based on the rule of law. After a short comparison between the basic principles – sources means of implementation of lex mercatoria and of lex mercatoria respectively, applicants should then address the following questions:

  • Does WTO law influence or promote “lex mercatoria”?
  • Is there a relationship between WTO law and international contract law?
  • Is there a possibility of cross-fertilisation and/or co-fertilisation?
  • Should WTO rules be amended to better implement the principles of international contract law?
  • Do WTO rules and Dispute Settlement Body decisions otherwise influence “lex mercatoria”?
  • Is there any possible direct applicability of “WTO law” in the interpretation or enforcement of international contracts?
  • Is there a possible overlap between “WTO law” and “lex mercatoria”?
 
The Stephen Rayner Award 2006
Entry Specifications
Brief Guidance Notes for Applicants
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