Conflict-of-Laws Rules on Assignments of Receivables in the United States and Canada

Introduction

The main purpose of this article is to summarize the conflict-of-laws rules of the United States of America (the "US") and Canada on the assignment of receivables in order to allow the reader to compare these rules with the rules contained in the European Commission Proposal of 12 March 2018¹ (the "Commission Proposal").² Comparisons will also be made with the 2016 Model Law on Secured Transactions prepared by the United Nations Commission on International Trade Law (the "UNCITRAL Model Law"). The UNCITRAL Model Law contains conflict-of-laws rules on security rights in receivables, which come from the UNCITRAL Legislative Guide on Secured Transactions adopted in 2007³ and the United Nations Convention on the Assignment of Receivables in International Trade adopted in 2001 (the "UN Assignment Convention").⁴