Frank Emmert

Frank Emmert
Indiana University Indianapolis

Prof. Dr. LL.M., FCIArb
Check out projects at https://www.cilpnet.com/ See also https://www.frankemmert.com/

About

189
Publications
225,276
Reads
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201
Citations
Citations since 2017
52 Research Items
79 Citations
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Introduction
Working on: 1) An Open Source Textbook on International Investment Law (https://www.cilpnet.com/copy-of-open-source-textbook-1) 2) a special issue of the European Journal of Law Reform on Blockchain and Digital Currency Law 3) an international research project on Aid Effectiveness (https://www.cilpnet.com/about-3) 4) an article on state aid to private industry in the United States
Additional affiliations
August 2019 - December 2022
Indiana University Bloomington
Position
  • Professor (Adjunct)
Description
  • Teaching International Business Transactions to advanced JD and LLM students during the fall semester and Blockchain and Digital Currency Law in the spring semester.
April 2003 - present
Indiana University-Purdue University Indianapolis
Position
  • Director of the Center for International and Comparative Law
Description
  • Coordinating activities in int'l & comparative law, w/focus on bus. & trade law, teaching 5-6 courses/year, supervising LL.M. and SJD theses, and directing Master of Laws (LL.M.) tracks in Int'l & Comparative Law, as well as World Trade Law.
July 2002 - April 2003
Yeshiva University
Position
  • Professor
Description
  • Teaching and research in international business transactions, European Union law, int'l & comparative IP protection...

Questions

Questions (8)
Question
The 2001 UN Convention on the Assignment of Receivables in International Trade attempts to provide uniform rules for receivables financing in international business transactions. In the absence of a convention, the governing law would be national law. This gets messy in international transactions because seller and buyer are typically in different countries and the financing party may be in yet another country. Thus, it is not clear which rules apply to which part of the financing transaction and different national rules may be in conflict with each other. Some countries still restrict future receivables from serving as collateral for financing, other countries require specification and/or notification that is impractical in the reality of business.
The 2001 UN Convention provides both a measure of substantive law harmonization and conflict-of-law rules for other questions, i.e. it would regulate some aspects of receivables financing and tell us where to look for the answers to other issues. Unfortunately, it has so far been ratified only by Liberia and requires five ratifications to enter into force. Even if four more countries ratify and it does enter into force, it applies only if an assignment is made in a Contracting State (Article 1) and unless the EU MSs and the US ratify, this may rarely happen.
My question is whether the parties to a trade financing transaction, in particular the bank or other financing organization (assignee), can stipulate the applicability of the Convention by agreement and override any national law that would otherwise apply.
Thank you in advance!

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Projects

Projects (8)
Project
Comparison of approaches taken in different jurisdictions and development of recommendations to support regulation that gives guidance to developers and investors but also encourages innovation and protects users.