The United Nations Convention on Contracts for the International Sale of Goods ( CISG; the Vienna Convention) is a treaty that is a uniform international sales law.
Table of contents
- International sales law
- International Sales Law
- United Nations Convention on Contracts for the International Sale of Goods
- A Pluralist Approach to the Law of International Sales
International sales law
He is the author of many law review articles and four books mostly in the area of contract law and theory. His books include Contract Theory: M from Georgetown University Law Center. She was a litigation attorney with Kilpatrick and Cody now known as Kilpatrick Stockton LLP where her practice was devoted to corporate and securities litigation. This title is available for institutional purchase via Cambridge Core Cambridge Core offers access to academic eBooks from our world-renowned publishing programme. Aimed at professionals active in the legal information community this topical journal provides invaluable information….
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International Sales Law
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A distinction is made between the physical carrier and the legal carrier, the person contractually responsible for the carriage. If the consignee is suing on an implied contract of carriage or there is negligent carriage of goods, it is the physical carrier against whom action is brought. Insurance against perils is an important aspect of international commercial transactions. In the event of loss or damage to cargo due to hazards during voyage, an insured party will be able to recover losses from the insurer. The type of insurance required depends on the mode of transport agreed between parties to transport the cargo.
Such insurance forms include marine, aviation and land. The type of insurance contract depends on the Incoterm adopted by the parties in a sale contract. A CIF sale contract requires the seller to obtain insurance cover for the voyage. An FOB contract however places no obligation on the buyer or seller to obtain insurance, although it is prudent for the buyer to protect against potential losses. It is not uncommon for the buyer in a FOB contract to request the seller to arrange insurance on an understanding that they will reimburse the insurance costs incurred.
Insurance obtained must cover only those goods that are being sold and stipulated in shipping documents. The insurance must also cover the entire voyage of the sale contract. Where it covers only party of the transit, the buyer will be able to reject the documents upon tender. Marine insurance contracts may be divided into hull insurance or cargo insurance. There is no uniform law or convention for international marine insurance. However commercial customs, usage and practices in international marine insurance have played a significant role in regulating marine insurance internationally.
Thus the marine insurance contract is subject to both general principles of contract law and relevant domestic marine insurance law. Aviation Insurance contracts may be divided into hull insurance; cargo insurance; airport owners and operators liability; hovercraft insurance; spacecraft insurance; and commercial aircraft insurance. These conventions together provide guidance to domestic air insurance law. Two broad methods of financing international transactions are direct payment between seller and buyer; or finance through banks. Practically, payment is effected by the following methods:.
The idea is to secure acceptance of the bill of exchange by the buyer; and the buyer is bound to return the bill of lading if he does not honour the bill of exchange. Upon presentation of necessary commercial documents verifying shipment of goods, the bank collects payment for goods on behalf of the seller.
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In the collection process, the buyer pays for goods in exchange for title documents. The World Trade Organization supersedes the General Agreement on Tariffs and Trade GATT as the organisation dealing with international trade; and provides a common institutional framework for trade relations between contracting parties.
It represents a crucial aspect of international commercial law through its objectives of facilitating global trade flow; liberalising trade barriers; and providing an effective dispute settlement mechanism. GATT is incorporated into the WTO Agreement, and contains three important basic principles in the context of international commercial law:. Most-favoured nation principle MFN: Each GATT member must treat all trading partners as well as its most favoured trading partner. The WTO panels consider tariff classifications, product nature, intended use, commercial value, price and sustainability.
Regional trade initiatives and economic integration is integral to international commercial law through its impact on commercial transactions. In particular, by the creation of free-trade and preferential trading areas; economic and monetary unions; and common markets.
GATT allows the creation of customs unions and free trade areas as an exception to the MFN principle if it facilitates trade and does not raise barriers to trade of other contracting parties. Dumping refers to the unfair trading practice of exporting products at a cost below market price.
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Regulated by GATT , parties cannot introduce products into a foreign country to cause material injury to an established industry or to slow the establishment of a domestic industry. Such measures protect against anti-competitive behaviour but are not a means of trade protection. The regimes are not entirely consistent with WTO-GATT aims to liberalise trade barriers and are declining in use in the international trading arena.
However the Committee on Anti-Dumping Practices provides a forum for consultation and exchange of information. Anti-dumping measures can only operate where enacted by domestic legislation since they are enforced by the importing country. A countervailing duty is imposed for the purpose of offsetting a subsidy.
Subsidies are not prohibited under WTO unless there is evidence of injury or damage to the importing country. The Agreement on Subsidies and Countervailing Measures forms the current regime for imposing countervailing duties on subsidised goods to conform to GATT principles. The Committee on Subsidies and Countervailing Measures exists to carry out tasks assigned under the Agreement. Developments in international trade through e-commerce have seen an increased emphasis on IP protection.
United Nations Convention on Contracts for the International Sale of Goods
The resolution of disputes arising from private international commercial transactions may be conducted through international commercial mediation, litigation or arbitration. Some inherent difficulties of international litigation include the reluctance to litigate in a foreign court due to unfamiliarity or potential bias; and issues of enforcement of a foreign judgment.
Like mediation, arbitration is a private dispute resolution process pursuant to an agreement between parties. The arbitrator or arbitral panel derives their authority and jurisdiction from the commercial agreement; and their decision is prima facie binding.
A Pluralist Approach to the Law of International Sales
Arbitration is divided into institutional and ad hoc arbitration. Institutional Arbitration is conducted through an organisation, such as the ICC. The organisation governs the arbitral process through a set of rules and administrative structures. Resorting to the institution is typically determined by terms of the commercial contract between parties.
Ad hoc Arbitration occurs where parties have not specifically made reference to arbitral institution in the contract but agree to submit their dispute to arbitration. These rules provide coverage of international commercial arbitration and parties do not need to settle on the arbitration rules. Recognition and enforcement of an international commercial arbitral award will be according to the laws of State seeking enforcement. The Convention provides a simple, uniform and effective means of enforcing arbitral awards and processes.