Ben Köhler
Max Planck Institute for Comparative and International Private Law
Ben Köhler is a Senior Research Fellow at the Max Planck Institute for Comparative and International Private Law in Hamburg where he focuses on European and comparative private law and private international law. He publishes regularly on the CISG, conflict-of-laws and uniform law. Ben holds a PhD from Saarland University and degrees in German and French law from Saarland University and Paul Verlaine University-Metz as well as an LLM degree from Harvard Law School.
Eighth Circuit Rejects Recovery of Attorney Fees under the CISG
Few questions on the interpretation of the CISG have been as contested on the international level as the potential recovery of attorney fees as damages for breach of contract. Courts in the United States have historically held that attorney fees are not recoverable under Article 74. That consensus was challenged last year when a federal…
Continue ReadingDoes the CISG Apply to Parties Based in Taiwan?
The complexity of Taiwan’s status under public international law may help to explain why there has been close to no discussion of its status under the Convention on Contracts for the International Sale of Goods (CISG). This absence of discussion is surprising given Taiwan’s importance in international trade: Taiwan is among the ten leading trade…
Continue ReadingThe CISG and Choice-of-Law Clauses
Although the United Nations Convention on Contracts for the International Sale of Goods (CISG) has been in force for over 35 years, there is still scholarly disagreement as to how this treaty interacts with choice-of-law clauses (see, e.g., the discussion on this blog: Coyle, Brand and Flechtner, Hayward and Lal). In principle, there seems to…
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