CISG

Choice of Law and the CISG

Last week, I wrote about a New York case in which the court and the litigants failed to recognize the applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG). In today’s post, I discuss a case decided by a federal court in Rhode Island, Chilean Sea Bass Inc. v….

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Overlooking the CISG

The United Nations Convention on Contracts for the International Sale of Goods (CISG) entered into force in 1988. Its stated goal is to harmonize the law of sales across many different countries, thereby making it unnecessary for courts in these countries to perform a choice-of-law analysis when the dispute involves an international sales contract. The…

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Does 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…

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New Empirical Study on CISG Litigation

There are a number of empirical studies about the United Nations Convention on Contracts for the International Sale of Goods (CISG). A recent intervention by Carolina Arlota and Brian McCall, When Federal Law Goes Unnoticed: Assessing the CISG’s Applicability Across U.S. Courts Based on an Empirical Research of Decisions from 1988 to 2020, in the…

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Optionality in Choice of Law

Choice-of-law clauses are sometimes described as tools for reducing legal uncertainty. This characterization, while correct, is incomplete. In cases where the suit is brought in a jurisdiction other than the one named in the choice-of-law clause, it is sometimes more accurate to think of the clause as an option. Either litigant may, if it so…

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The 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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Using TLB to Teach International Business Transactions

This post continues our series explaining how professors can use resources on TLB to teach various classes. This post discusses International Business Transactions (IBT). Although TLB focuses on litigation and IBT focuses on transactions, there is a great deal of overlap. The most obvious examples are contractual clauses that plan for dispute resolution, like forum…

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Drawing Inferences from CISG Opt-Outs

The United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Uniform Commercial Code (UCC) both supply rules to govern contracts for the sale of goods. The UCC applies to purely domestic transactions. The CISG applies to many international transactions. When a contract involves the mixed sale of goods and services,…

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The Homeward Trend in Chinese Choice-of-Law Cases

One of the characteristics of transnational litigation is that there is generally more than one forum in which the suit may be brought. Although TLB focuses primarily on transnational litigation in U.S. courts, it can sometimes be useful to look at what is going on in other systems where litigation might instead be filed. A…

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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…

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