CISG Opt-Outs and Ascertaining Party Intent: A Back-to-Basics Perspective
Two of this year’s contributions to Transnational Litigation Blog have addressed the intellectually stimulating but also practically pressing issue of identifying when, and how, commercial parties can exclude the United Nations Convention on Contracts for the International Sale of Goods from their international sales agreements. In Professor John Coyle’s CISG Opt-Outs and Party Intent, Professor…
Continue ReadingColorado Court Holds That Forum Non Conveniens Dismissal Is Not Preclusive
When a court in the United States grants a motion to dismiss for forum non conveniens, finding that a plaintiff’s claims should be litigated abroad, may the plaintiff instead choose to refile its claims in another U.S. jurisdiction? The answer will often be yes because the forum non conveniens dismissal does not have issue preclusive…
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