Trade Usage and Practices Established Between the Parties: Article 9

Trade Usage and Practices Established Between the Parties: Article 9

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Description

Despite the importance of Article 9—it describes the extent to which trade usages and practices established between the parties are binding—it has seldom been referred to in case law, as evidenced by the limited number of court decisions cited in the draft Digest section dealing with this provision. Nor has it been frequently discussed in academic writing. Since the few existing cases have not dealt with all the issues which may arise in connection with trades usages and practices established between the parties, it is once again necessary to go beyond the Digest. This is true, however, not only with respect to the issues the draft Digest does not touch upon, but also with respect to those to which it refers by merely citing court decisions that in some cases contradict each other.

Source Publication

The Draft UNCITRAL Digest and Beyond: Cases, Analysis and Unresolved Issues in the U.N. Sales Convention - Papers of the Pittsburgh Conference Organized by the Center of International Legal Education (CILE)

Source Editors/Authors

Franco Ferrari, Harry Flechtner, Ronald A. Brand

Publication Date

2004

Trade Usage and Practices Established Between the Parties: Article 9

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