15. International sales

2020 ◽  
pp. 501-524
Author(s):  
D Fox ◽  
RJC Munday ◽  
B Soyer ◽  
AM Tettenborn ◽  
PG Turner
Keyword(s):  
International Trade ◽  
Future Developments ◽  
English Law ◽  
International Sales

This chapter examines the rules of English law governing international commercial sales, a subject of disproportionate importance because of the surprisingly large proportion of international trade carried on under contracts governed by English law by choice of the parties. Contracts of this type expose the parties to greater risks than purely domestic sales. The chapter gives detailed coverage of typical export transactions and INCOTERMS, both marine and non-marine, including FOB contracts, FAS contracts, CIF contracts and variants of the CIF contract, and DAP contracts as well as FCA, CIP, and similar contracts. Likely future developments are also mentioned.

15. International sales

2017 ◽  
Author(s):  
MA Clarke ◽  
RJA Hooley ◽  
RJC Munday ◽  
LS Sealy ◽  
AM Tettenborn ◽  
...  
Keyword(s):  
International Trade ◽  
Future Prospects ◽  
Chamber Of Commerce ◽  
English Law ◽  
International Chamber Of Commerce ◽  
International Sales

This chapter examines the rules of English law governing international sales as they affect buyer and seller. There is more than one way in which a sale of goods contract may have an international element. For example, the seller and buyer may be in different jurisdictions, or the contract of sale may contemplate that the goods are to be carried from one country to another. A surprisingly large proportion of international trade is carried on under contracts governed by English law by choice of the parties. This chapter begins with a discussion of typical export transactions under INCOTERMS 2010, a set of international rules for the interpretation of trade terms promulgated by the International Chamber of Commerce. It then considers sales via sea carriage, along with other contracts involving international sales. It also analyses payment in international sales transactions and concludes with an overview of future prospects for international sales.

scholarly journals A Pluralist Approach to the Law of International Sales

2017 ◽  
Vol 20 ◽  
pp. 1
Author(s):  
Juana Coetzee
Keyword(s):  
International Trade ◽  
Private Law ◽  
The European Union ◽  
Tariff Barrier ◽  
Trade Law ◽  
International Trade Law ◽  
Sales Contracts ◽  
Uniform Law ◽  
Common European Sales Law ◽  
International Sales

International trade can support economic development and social upliftment. However, people are often discouraged from contracting internationally due to differences in legal systems which act as a non-tariff barrier to trade. This article focuses on the private law framework regulating international contracts of sale. During the twentieth century, the problem of diverse laws was primarily addressed by global uniform law such as the United Nations Convention on Contracts for the International Sale of Goods (CISG). However, uniform law is rarely complete and has to be supplemented by national law, trade usage or party agreement. Because of gaps that exist in the CISG the Swiss government made a proposal for a new global contract law. But is this a feasible solution to the fragmentary state of international trade law? In Europe, signs of reluctance are setting in towards further harmonisation efforts. The Proposal for a Common European Sales Law (CESL) was recently withdrawn, and now Britain has voted to leave the European Union; rumour having it that more countries might follow. The current private law framework for international sales contracts consists of a hybrid system where international, national, state and non-state law function side by side. This article submits that universalism is not per se the most efficient approach to the regulation of international sales law and that economic forces require a more varied approach for business-to-business transactions. The biggest challenge, however, would be to manage global legal pluralism. It is concluded that contractual parties, the courts and arbitral tribunals can effectively manage pluralism on a case-by-case basis.        

Part II International Sales Governed by the UN Sale Convention 1980 (CISG), 12 Remedies for Breach of Contract

2017 ◽  
Author(s):  
Bridge MG
Keyword(s):  
Structural Difference ◽  
The Other ◽  
Breach Of Contract ◽  
Sharp Distinction ◽  
English Law ◽  
International Sales

This chapter builds on the previous chapter's discussion in drawing distinctions between the CISG and English law. This time the chapter considers the remedies for a breach of contract. In the event of non-performance by one of the contracting parties, various remedies are made available to the other under the CISG, largely recognizable by a common lawyer if not always available in the circumstances and to the same extent in English law. There is, however, a major structural difference that should be observed from the outset. English law draws a sharp distinction between breach of contract and the effect on a contract of impossibility or frustrating circumstances.

Part II International Sales Governed by the UN Sale Convention 1980 (CISG), 11 Formation and Performance of the Contract

2017 ◽  
Author(s):  
Bridge MG
Keyword(s):  
External Source ◽  
The Face ◽  
English Law ◽  
And Performance ◽  
Standard Terms ◽  
International Sales ◽  
Contractual Agreement

This chapter discusses the differences in the formation and performance of the contract between the Sale of Goods Act and the CISG. The differences between English law and the CISG are various. They include, first, rules in the CISG that have no counterpart in English sales law. They also include rules that on the face of it differ from their English equivalents, rules that appear to accord with English law but on closer inspection may depart from it, and rules in English law that are not to be found in the CISG. The chapter pays attention to the form in which the contractual agreement may be expressed, to the incorporation of standard terms in the contract by reference to an external source, to the question whether and to what extent all communications passing between the parties constitute part of the contract, and to the interpretation of the contract itself.

Part I International Sales Governed by English Law, 9 Remedies: Termination and Damages

2017 ◽  
Author(s):  
Bridge MG
Keyword(s):  
Common Law ◽  
Standard Form ◽  
Breach Of Contract ◽  
The Common ◽  
Penalty Clauses ◽  
English Law ◽  
International Sale Of Goods ◽  
International Sales ◽  
Statutory Basis

This chapter deals with remedies for breach of contract to the extent that they have a particular application to international sale of goods agreements. Attention is given to termination for breach and damages. Even here, however, certain aspects (for example, penalty clauses) are left to general works on contract and sale of goods. This chapter also examines clauses in standard form contracts dealing with the quantification of money awards; they commonly depart from the common law and statutory basis for assessing damages. In addition, though they fall outside breach of contract, the chapter also looks to certain settlement clauses, operative in the event of an insolvency or of a circle appearing in the sales string.

scholarly journals ICC Rules for the use of domestic and international trade terms: INCOTERMS 2020

2021 ◽  
Vol 60 (91) ◽  
pp. 31-50
Author(s):  
Sandra Fišer-Šobot
Keyword(s):  
International Trade ◽  
Special Reference ◽  
Global Trade ◽  
Risk Transfer ◽  
Business Transactions ◽  
Sales Contracts ◽  
Legal Nature ◽  
Effective Use ◽  
International Sales

The use of trade terms in sales contracts, especially international sales contracts, is customary and very common since it contributes to the acceleration of business transactions, concurrently increasing their certainty and predictability. The ICC Rules for the use of domestic and international trade terms -INCOTERMS 2020 have been in effective use since 1 January 2020. Their goal is to enable the development of global trade in an easier, more effective and safer manner. In this paper, the author analyses the development, importance and legal nature of INCOTERMS, with special reference to its current 2020 revision and particular focus on the seller's obligation to deliver the goods and risk transfer from the seller to the buyer.

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