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Ms. Michala (Michelle) Meiselles

Michala Meiselles is a Senior Law Lecturer at Derby University and author of International Licensing Agreements: IP, Technology Transfer and Competition Law (Kluwer Law International, 2018) and International Commercial Agreements (Edinburgh University Press, 2013). She has published in national and international peer-review publications such as European Business Law Review. Her research looks at mandatory disclosure in consumer and franchise relationships, as well as private international law. She’s currently editing a book looking at corporate crime. She is a solicitor (in England and Wales) and consults in the field of compliance (AML and CTF) and technology transfers.

Nachfrist a model remedy in an age of change

In this era typified by shifting national allegiances, reemergence of nationalist forces, isolationism, and disintegration of trade blocs, the value of pacta sunt servanda is paramount. Remedies such as nachfrist that help parties bridge their differences provide an essential lifeline, encouraging dialogue, cementing the relationship whilst at the same time helping ensure the longevity of commercial ties, saving the contracting parties and the economy at large, time, money, and resources, whilst reducing economic waste in trade.

In this Paper, we explore the benefits associated with this facility and ask whether it should become a more widely used remedy in international commercial deals. This Paper consists of three parts. In part one, we consider the principle of pacta sunt servanda before looking at enforceability under the CISG. In part two, we scrutinise nachfrist through the provisions of the CISG. And in the final part of this Paper, we emphasise how nachfrist bridges an important legal divide in an era of ever-increasing international trade whilst augmenting the commercial autonomy of the parties to cross-border business deals.