Article 1 CISG – The Gateway to the CISG

Schwenzer, Pereira and Tripodi (eds) CISG and Latin America: Regional and Global Perspectives Eleven International Publishing, The Hague, 2016) at 379

Victoria University of Wellington Legal Research Paper No. 8/2017

19 Pages Posted: 15 May 2016 Last revised: 22 Feb 2017

See all articles by Petra Butler

Petra Butler

Victoria University of Wellington, Te Herenga Waka - Faculty of Law; University of Navarra - School of Law ; Institute of Small and Micro States

Date Written: 2016

Abstract

Although the CISG is the most significant instrument in the move to provide uniform substantive rules for international contracts. This chapter argues that even with the CISG, choice of law analysis is far from obsolete. Article 1 of the CISG provides two principal questions that determine whether the CISG is applicable. The first part of this chapter contains a detailed analysis of different situations in which CISG may or may not apply in litigation according to Article 1. The second part of the paper is dedicated to considering how Article 1 applies in arbitration proceedings. It is important for parties engaging in cross-border trade to be aware of the operation of Article 1 as a gateway to the CISG.

Keywords: CISG, International Ligitation, International Arbitration, Choice of Law

JEL Classification: K00, K12, K10

Suggested Citation

Butler, Petra, Article 1 CISG – The Gateway to the CISG (2016). Schwenzer, Pereira and Tripodi (eds) CISG and Latin America: Regional and Global Perspectives Eleven International Publishing, The Hague, 2016) at 379, Victoria University of Wellington Legal Research Paper No. 8/2017, Available at SSRN: https://ssrn.com/abstract=2779408

Petra Butler (Contact Author)

Victoria University of Wellington, Te Herenga Waka - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

University of Navarra - School of Law ( email )

Campus Universitario
Amigos Building
Pamplona, Navarra 31080
Spain

Institute of Small and Micro States ( email )

United Kingdom

HOME PAGE: http://https://www.ismsworld.com/

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