MPI-ASADIP Trialogues in Private International Law: Virtual Workshop with Cecilia Fresnedo de Aguirre

Thursday, 27 November 2025, 6:30 p.m. - 8:00 p.m. (CET)

"Party Autonomy in International Commercial Contracts With a Weak Bargaining Party"

About the Speaker:

Cecilia Fresnedo de Aguirre is Professor of Private International Law at the Universidad de la República in Montevideo, Uruguay. A leading scholar in private international law, she has represented Uruguay at the Hague Conference on Private International Law, the Organization of American States, and the Technical Commission of Mercosur. She is also a member of the Institut de Droit International. Her extensive body of publications has played a central role in shaping the development of private international law in Latin America and beyond.
 

About the Topic:

The second session of the MPI-ASADIP Trialogues in Private International Law will address party autonomy in international commercial contracts with a weak bargaining party. Cecilia Fresnedo de Aguirre will examine the limits of party autonomy in situations where one contracting party lacks real bargaining power to determine the applicable law or jurisdiction. Drawing on the 2023 report adopted by the Inter-American Juridical Committee—of which she was the rapporteur—she will analyse current legal frameworks, comparative perspectives, and potential solutions aimed at preserving contractual freedom while safeguarding against abuses arising from unequal negotiation positions in international trade.
The session will take place in a trilingual format, giving participants the chance to engage in English, Spanish, and Portuguese.
 

About the Virtual Workshop Series:

MPI-ASADIP Trialogues in Private International Law is a multilingual academic event series exploring current developments in Private International Law across the Americas. Organized by the Max Planck Institute (Hamburg) in cooperation with the Asociación Americana de Derecho Internacional Privado (ASADIP), the series fosters intercultural dialogues in Private International Law in English, Spanish, and Portuguese.