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Antitrust and Trade Regulation Commons

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China

University of Miami Law School

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China’S Withdrawal Of Article 96 Of The Cisg: A Roadmap For The United States And China To Reconsider Withdrawing The Article 95 Reservation, Pan Zhen Dec 2016

China’S Withdrawal Of Article 96 Of The Cisg: A Roadmap For The United States And China To Reconsider Withdrawing The Article 95 Reservation, Pan Zhen

University of Miami Business Law Review

The United Nations Convention on Contracts for the International Sale of Goods (CISG) was created for the purpose of providing legal neutrality and certainty, and also for the purpose of avoiding choice of law issues in international sales of goods. However, the United States and China, the two largest trading nations in the world, made the Article 95 reservation at the time they ratified the CISG, therefore restricting CISG’s applicability in certain situations. In 2013, China withdrew its Article 96 reservation, which declares its non-recognition of free form of contract formation, taking one step closer to the vast majority of …