Framework Agreements Regarding the International Supply of Goods and the CISG
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Global Trade Law Series
In the context of international trade, the question arises whether the United Nations Convention on Contracts for the International Sale of Goods (CISG) may be relied upon to deal with the practically frequent long-term contracts known as framework agreements, which underlie many contemporary supply systems. This book - the first comprehensive guide to the key legal questions arising at this intersection - provides a systematic and in-depth analysis of the Convention's applicability to framework agreements and also highlights the actual application of the CISG's substantive provisions to such contracts.
The author explores the subject from multiple perspectives, including the following:
detailed examination of Article 1 CISG to determine whether framework agreements may be considered sales contracts;
challenges posed by framework agreements, given their characterization as long-term contracts;
how the CISG deals with non-sales elements in framework agreements;
the relationship between the CISG and overlapping domestic law rules; and
potential implications of choice of law clauses contained in framework agreements.
The analysis draws on extensive case law coverage from a variety of state courts and arbitral tribunals, as well as insights and observations from the perspectives of uniform law, comparative law, and international private law.
With this extensive investigation, practitioners in international commercial law will be enabled to achieve consistency in applying the CISG to framework agreements. The book's practical and theoretical solutions permit confident navigation of the labyrinth of interpretative approaches and case law that currently exist. Policymakers, jurists, and scholars concerned with international trade will find here a clear and fully fledged approach to the interoperability of framework agreements and the CISG.
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