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As the volume of international business transactions continues to
grow dramatically, and as trade relations develop between an
ever-increasing number of countries, it is inevitable that many
questions of comparative business risk and liability should arise.
What common elements underlie the various methods of limiting
product liability applied in different national jurisdictions? How
do different legal regimes protect the legitimate rights of
consumers? These were the fundamental questions addressed by a
seminar on warranties and disclaimers held within the framework of
the 2000 Annual Conference of the International Bar Association in
Amsterdam. The seminar - jointly sponsored by IBA Committees S
(Products, Liability, Advertising, Unfair Competition and Consumer
Affairs), M (International Sales and Related Commercial
Transactions) and CC (Corporate Counsel) - consisted of four
introductory summaries and 33 country reports by local
practitioners. The presentations focused on many important issues,
including the following: legal and contractual warranties in
contracts for the supply of goods or services between
manufacturers, distributors and end-users; methods of communicating
disclaimers and limitations of liability; strategies for securing
limitations of liability downstream; and variations in the legal
effectiveness of disclaimers and limitations.
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