International Law in U.S. Courts: International Sales Law
ASIL Benchbook on International Law: International Sale of Goods, Forthcoming
Posted: 11 Jul 2012
Date Written: March 11, 2012
Abstract
Cross-border contracts for the sale of goods are part and parcel of international trade. When a US buyer or seller is involved in an international sale of goods the court must give consideration to the application of the 1980 United Nations Convention on Contracts for the International Sale of Goods (“CISG” or “Convention”) to the sales contract. It is important to note, as will be discussed in detail below, the Convention may apply to the contract even in the face of a specific choice of law clause. (For example, when the law of New York is selected to govern the parties contract.)
This section discusses the sphere of applicability of the Convention and standards for the interpretation of provisions of the Convention, as well as the parties’ conduct. It further identifies domestic and international legal research sources to obtain case law, scholarly commentary and further research materials on all subjects covered by the CISG, as well as materials to identify major differences between Article 2 of the Uniform Commercial Code and the Convention.
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