Description

The seminar is centrally concerned with the contractual supply chain relationships in global open markets or in ‘close’ global supply chains (GSCs). By looking at contractual practices and the interplay with certification schemes, the speaker will be discussing on the cooperative approach to remedies against breach in food global value chains may require: (i) redefining the performance/breach divide; (ii) giving priority to corrective measures and other remedies in kind over contract termination whenever the former are possible and proportionate; (iii) vesting the party in breach with a right to correct non-performance when contract termination would cause the waste of relevant investments; (iv) expecting the aggrieved party to cooperate in both preventing the breach and mitigating its consequences; and
(v) expecting the parties to consider the option of renegotiating contract terms after a breach, whenever agreement on different conditions enables them to address the consequences of the breach with mutual advantage in the long run.

About The Speaker
Professor Fabrizio Cafaggi is a Professor of Comparative Law and Regulation at the School of National Administration (SNA) and director of the Centre for Judicial Cooperation at the European law Institute (EUI) on leave from University of Trento. He earned his J.D cum laude at University of Rome and his PhD in Law at University of Pisa, Italy. He is an affiliate of the American Law Institute and was a Visiting Professor at Columbia Law School NYC and at San Andres Law School, B.A. Argentina. Among his teaching positions he has also taught at the NYU law school and University of Pennsylvania Law School. He is currently the director of a master program in Behavioural sciences and public administration LUISS. Research interests include transnational private regulation and contractual governance of global supply chains.