Choice of Forum and CISG: Remarks on the Latter's Impact on the Former
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Description
It is commonly understood that the United Nations Convention on Contracts for the International Sale of Goods (CISG) constitutes a “substantive law convention” and that, among other topics not dealt with, it does not (directly) set forth rules on jurisdiction. This means, for instance, that whether the parties’ agreement as to choice of forum is at all admissible is not an issue governed by the CISG but rather by the applicable domestic law. This, however, does not mean that the CISG lacks any impact on the choice of forum. There are many reasons why lawyers should take into account the CISG when choosing the forum in relation to international contracts for the sale of moveable goods. As this chapter will demonstrate, it is knowledge of the CISG and the way it is being interpreted and applied that allows lawyers to choose the forum that is most beneficial to their clients interests, thus allowing them to maximize their clients ’ chances of success in litigation. This is why it is rather surprising that some scholars have suggested that one of the advantages of the CISG lies in its prevention of “forum shopping,” i.e., of what has been defined both by courts and commentators as the lawyer’s activity of seeking the forum that is most beneficial to its client’s interest.
Source Publication
Drafting Contracts Under the CISG
Source Editors/Authors
Harry M. Flechtner, Ronald A. Brand, Mark S. Walter
Publication Date
2008
Recommended Citation
Ferrari, Franco, "Choice of Forum and CISG: Remarks on the Latter's Impact on the Former" (2008). Faculty Chapters. 583.
https://gretchen.law.nyu.edu/fac-chapt/583
