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Articles 1 - 5 of 5
Full-Text Articles in Law
Good Faith In The Cisg: Interpretation Problems In Article 7, Benedict C. Sheehy
Good Faith In The Cisg: Interpretation Problems In Article 7, Benedict C. Sheehy
ExpressO
ABSTRACT: This article examines the dispute concerning the meaning of Good Faith in the CISG. Although there are good reasons for arguing a more limited interpretation or more limited application of Good Faith, there are also good reasons for a broader approach. Regardless of the correct interpretation, however, practitioners and academics need to have a sense of where the actual jurisprudence is going. This article reviews every published case on Article 7 since its inception and concludes that while there is little to suggest a strong pattern is developing, a guided pattern while incorrect doctrinally is preferable to the current …
Strangers In A Strange Land - Transnational Litigation, Foreign Judgment Recognition, And Enforcement In Ontario, Antonin I. Pribetic
Strangers In A Strange Land - Transnational Litigation, Foreign Judgment Recognition, And Enforcement In Ontario, Antonin I. Pribetic
Antonin I. Pribetic
Well into the new millennium, the landscape of international business commerce continues to change dramatically. As many companies expand into global markets, the extant business reality of prosecuting or defending lawsuits arises from companies relying upon standard or boiler plate contracts or invoices when selling goods and services to customers or buying products from suppliers or third parties. This article discusses transnational contractual and litigation issues in Canada, with specific application to the province of Ontario. This article first addresses, from an Ontario company perspective, the importance of incorporating choice of forum, choice of law, and time of the essence …
Exemptions Under Article 79 Of The Vienna Sales Convention, Peter Winship
Exemptions Under Article 79 Of The Vienna Sales Convention, Peter Winship
Faculty Journal Articles and Book Chapters
No abstract provided.
The Relative Costs Of Incorporating Trade Usage Into Domestic Versus International Sales Contracts: Comments On Clayton Gillette, Institutional Design And International Usages Under The Cisg, Avery W. Katz
Faculty Scholarship
Clayton Gillette's paper on the use of trade usage in reported disputes arising under the United Nations Convention on Contracts for the International Sale of Goods ("CISG") presents a challenge to recent scholarly critiques of modern contractual interpretation. As Gillette explains, much recent writing by economically influenced US scholars in contracts and commercial law has argued in favor of more formalistic methods of interpretation, and against the overwhelming trend of the last half of the twentieth century: a trend toward a more contextual interpretative approach that takes into account a variety of evidence, including the business purpose of the transaction, …
La Interpretación Y La Integración De La Convención De Viena Sobre Compraventa Internacional De Mercaderías, Anselmo M. Martinez Cañellas
La Interpretación Y La Integración De La Convención De Viena Sobre Compraventa Internacional De Mercaderías, Anselmo M. Martinez Cañellas
Anselmo M. Martinez Cañellas Pr. Dr.
This books deals with the peculiar interpretation of the most important instrument of Uniform Commercial Law, in force in more than 70 countries, the Vienna Convention on international sales of goods. It stress the necessity of taking into account the decisions of foreign and arbitral tribunals. Finally, it gives the hints to fill the gaps or the Convention by using its principles.