Choice of Law Under the International Sales Convention: A U.S. Perspective

1983 ◽  
Vol 77 (3) ◽  
pp. 521-540 ◽  
Author(s):  
Isaak I. Dore
Keyword(s):  
United Nations ◽  
Choice Of Law ◽  
Uniform Law ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
International Sales

The United Nations Convention on Contracts for the International Sale of Goods was adopted on April 10, 1980. The chief reason for its adoption was that the prior Uniform Law on the International Sale of Goods (ULIS) and its supplementary Convention relating to a Uniform Law on the Formation of Contracts for the International Sale of Goods (ULF) had not received widespread support.

To Boldly Go, Part II: Data as the CISG’s Next (but Probably Not Final) Frontier

2021 ◽  
Vol 44 (4) ◽  
Author(s):  
Benjamin Hayward
Keyword(s):  
International Trade ◽  
United Nations ◽  
Legal Framework ◽  
United Nations Convention ◽  
Per Se ◽  
The United Nations ◽  
International Sale Of Goods ◽  
International Sales

The United Nations Convention on Contracts for the International Sale of Goods (‘CISG’) is an international sales law treaty concluded in 1980 and drafted with traditional (physical) goods trade in mind. While a significant body of scholarship has addressed its capacity to govern electronic software transactions, only limited commentary has explored the CISG’s digital application beyond software per se. ‘To Boldly Go, Part I’, this article’s counterpart, developed a specific legal framework for assessing the CISG’s capacity to regulate international trade in non-software data. This article now applies that framework, confirming the CISG is capable of governing non-software data trade, and uses that framework to resolve the currently unsettled question of whether cryptocurrency trade falls within the CISG’s scope. Since non-software data trade is becoming increasingly economically important, this article’s conclusions stand to benefit data traders as well as the practitioners advising them.

Transfer of Ownership in Sale Contracts Involving Carriage of Goods by Sea

2020 ◽  
pp. 1-24
Author(s):  
Derar al-Daboubi
Keyword(s):  
United Nations ◽  
Civil Code ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
International Instruments ◽  
In Transit ◽  
The Impact ◽  
International Sales

Abstract This article discusses the maritime carrier’s effect on the transfer of ownership between contracting parties to international sales. The discussion initially focuses on the relevant provisions of the United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG), and Incoterms 2010 Rules as international instruments. It will also cover the provisions of the Jordanian Civil Code 1976 (JCC) as a domestic statute. The necessity to examine the maritime carrier’s influence on transfer of ownership lies in the impact it can exert on a buyer’s right to acquire ownership that may deprive him of selling the goods in transit. This article will point out the obstacles encountered when determining the timing for transfer of ownership. The study proposes some suggestions through which the role the maritime carrier plays in the transfer of ownership can be recognised and the time when transfer of ownership occurs can be easily determined.

scholarly journals The International Contracting Practices Survey Project: an Empirical Study of the Value and Utility of the United Nations Convention On the International Sale Of Goods (Cisg) and the UNIDROIT Principles of International Commercial Contracts to Practitione

2008 ◽  
Vol 27 (1) ◽  
Author(s):  
Peter L Fitzgerald
Keyword(s):  
Empirical Study ◽  
United Nations ◽  
Common Law ◽  
Choice Of Law ◽  
Commercial Code ◽  
Effective Choice ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods

In an era of globalization it is perplexing that so many U.S. practitioners, jurists, and legal academics continue to view contract issues as governed exclusively by state common law and the Uniform Commercial Code. In essence, a significant number of lawyers may be defaulting to the wrong law, in the absence of an effective choice of law clause, when trying to determine the rights and responsibilities arising out of international commercial transactions. The object of the International Commercial Contracting Practices Survey Project was to learn more about how and why this occurs.

scholarly journals Reconsidering Domestic Sale of Goods Remedies in Light of the CISG

2006 ◽  
Vol 37 (3) ◽  
pp. 421
Author(s):  
Nicholas Whittington
Keyword(s):  
New Zealand ◽  
United Nations ◽  
Communication Costs ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
International Sale Of Goods ◽  
International Sales ◽  
Domestic Sale

This article suggests that New Zealand should overhaul the remedies available for breach of sale of goods contracts.  It argues that the Sale of Goods Act 1908 should be repealed and the principles and provisions of the United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG) should be adopted in its place. This would have the effect of eliminating the unnecessary distinction currently made between domestic and international sale of goods, and finally ridding the law of the condition-warranty distinction which has become out of date and leads to uncertainty and injustice.  It is argued that the provisions of the CISG better respond to the transportation and communication costs and distances involved in international sales, considerations which are not insignificant in trade within New Zealand and, consequently, justify a similar approach domestically.

scholarly journals The United Nations Convention on Contracts for the International Sale of Goods: The Canadian Experience

2005 ◽  
Vol 36 (4) ◽  
pp. 847
Author(s):  
Rajeev Sharma
Keyword(s):  
United Nations ◽  
Potential Application ◽  
Canadian Experience ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sale Of Goods ◽  
Domestic Law ◽  
International Sales

The author discusses the Canadian jurisprudence involving the application, or potential application, of the CISG.  He concludes that the Canadian courts are beginning to implement the CISG, but that there is still a tendency to apply domestic law alongside, or even in preference to, the international sales law, even when this is not warranted.

scholarly journals Revisiting Barter under the CISG

2010 ◽  
Vol 29 (1) ◽  
Author(s):  
Andrew J Horowitz
Keyword(s):  
International Trade ◽  
United Nations ◽  
International Organizations ◽  
Trade Law ◽  
International Trade Law ◽  
Uniform Law ◽  
United Nations Convention ◽  
The United Nations ◽  
International Sales ◽  
Domestic Level

As the United Nations Commission on International Trade Law (hereinafter “UNCITRAL”) circulated a draft of what eventually became the United Nations Convention on Contracts for the International Sales of Goods (hereinafter “CISG”), it examined the need for uniform law with respect to barter transactions. At that time in 1978, various international organizations were concerned that, while barter transactions were infrequent at the domestic level, such transactions carried growing importance in international trade.

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