Application of CISG in the International Commercial ContractsAuthor: Alam, Md. Habib,
Abstract:
International sale contracts are parts of international commercial
contracts. Drafting international sale agreement is being treated as a
complex issue among lawyers and legal experts. The draftsman requires
choosing a uniform law for drafting international sale contracts to avoid
any conflict of laws between different Jurisdictional forums (i.e., domestic
and international forums). Legal experts may choose the United Nations
Convention on Contracts for the International Sale of Goods (CISG) 1980
to insert it into international sale contracts for its unique application
character. CISG has been accessed by 94 countries (as of 25 February
2021) like Australia, the USA, China, Singapore, etc. Application of
CISG into international sale contracts will ensure equal footing between
contractual parties, fairness, reasonableness, justification, and
international standard of interpretation subject to good faith under
Article 7 of CISG. The main objective of CISG is to avoid trade barriers
and promote uniformity of international sale laws among different
jurisdictions. Scholars and legal experts supported that CISG is a
successful sale convention among all other sale treaties. The present
research paper aims to justify applying CISG into international sale
contracts to promote the harmonization of sale laws among the trade
community.
Keywords:CISG, International Sale Contracts, Harmonisation,
Interpretation, Application.
DOI:
International Journal of Trade & Commerce (Vol: 10 Issue:1)
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