By Ingeborg Schwenzer, Yesim M Atamer, Petra Butler
This e-book is a compilation of court cases of 2 meetings at the United international locations conference at the Contracts for the foreign Sale of products (CISG). the 1st convention was once held on the Istanbul Bilgi collage (Turkey) and the second one convention at the get together of the Arbitrators and Mediators Institute of latest Zealand assembly in Wellington, New Zealand. either meetings aimed to supply a greater realizing of the CISG, in addition to the significance of overseas dispute answer. The e-book permits all readers who're new to the CISG to achieve an knowing of the CISG, together with its courting to arbitration. Contributions hide, inter alia, the applicability of the CISG, interpretation and hole filling below the CISG, and the supply of products lower than the CISG. those people who are extra conversant in the CISG will locate a few concept scary contributions that discover a few of the pertinent CISG concerns, like curiosity claims less than the CISG, the calculation of damages, and particular functionality. (Series: foreign trade and Arbitration [ICA] - Vol. 15)
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Extra info for Current Issues in the CISG and Arbitration
For that matter, it is also irrelevant whether the obligation breached is classified as a typical sales obligation or as an additional obligation. However, demanding the delivery of substitute goods under Article 46(2) or avoiding the contract – under Article 49(1)(a) in case of breach by the seller and avoiding the contract under Article 64(1)(a) in case of breach by the buyer – is only possible when the breach committed amounts to a fundamental breach of contract in the sense of Article 25. The Convention, furthermore, follows the concept of ‘strict liability’, that is, the concept of fault is not present in the remedy system of the CISG.
The parties have chosen the law of a contracting state, Switzerland, to govern their dispute. Since the CISG forms a part of Swiss law, the only remaining question is whether this choice of law clause contained in the contract is enough to exclude the Convention. The overwhelming majority of courts in numerous countries, including the highest courts in some jurisdictions as well as arbitral tribunals, do not interpret such choice of law clauses as excluding the CISG. 26 It can therefore be safely said that choosing the law of a contracting state without any further 26 For references to court decisions, arbitral awards and commentators, see Schwenzer & Hachem, in Schwenzer Commentary 2010, Art.
For the question how to deal with so-called ‘frivolous claims’, see Schwenzer, in Schwenzer Commentary 2010, Art. 41, para. 11. 32 The classification of this latter case as a legal defect is not to be taken as read. For example, under domestic Swiss law, such cases are dealt with under the rules on physical defects; see, for details, B. ’, Basler Juristische Mitteilungen, 2009, p. 173 et seq. 33 This follows naturally from the fact that the CISG does not distinguish between peius and aliud. Hence, even in cases of extreme discrepancies, the buyer is obliged to examine the goods and notify the seller of the non-conformity.