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

Michel Deschamps


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


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ZFR 2019/101

Heft 5/2019
Michel Deschamps

Michel Deschamps is a lawyer with McCarthy Tétrault, a large Canadian law firm. His practice focusses on banking and secured transactions. He teaches banking law at the University of Montreal and has authored numerous publications. He also chairs the Law Review and Secured Transactions committees of the Quebec Bar. He is a Fellow of the American College of Commercial Finance Lawyers. He has been active in commercial law reform projects sponsored by UNCITRAL, UNIDROIT and the Uniform Law Conference of Canada. Among other projects, he participated in the elaboration of the UN Assignment of Receivables Convention.