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Reproduced with permission of 17 Journal of Law and Commerce (1998) 343-353
CISG: From the Perspective of the Practitioner
V. Susanne Cook
Introduction
I. Comparing Some Key Provisions of CISG to the Uniform Commercial Code
A. The Statute of Frauds
B. Warranty disclaimers
C. The battle of the forms
II. On Opting into and out of CISG
A. Advantages
B. Disadvantages
C. Opting into CISG
III. Conclusion
Introduction
Like it or not, most companies operate in an international environment where economic success is measured in terms of international as well as domestic performance.[1] International trade of goods has grown steadily, offering exciting opportunities for growth and expansion not available to companies that conduct business on a strictly domestic basis.[2] Cross-border trade has become the new frontier, where opportunities abound for those able to adapt to the rules of international trade.[3]
In this time of unprecedented globalization of trade, the United Nations Convention on Contracts for the International Sale of Goods (CISG) [4] responds to the need for a uniform sales law with international application and acceptance.[5] When law is at its best, it serves and mirrors the values of society and resolves conflicts in a manner that is consistent [page 343] with such values and expectations.[6] In the case of CISG, with application in fifty Contracting States spanning five continents[7] and diverse legal systems and traditions,[8] that is a formidable task. CISG is fortunate to have a successful predecessor in Lex Mercatoria, the merchants' law created by merchants and administered by special merchant courts.[9]
This article is written from the point of view of a practitioner, where practical considerations may defeat scholarly insights. After comparing how the Uniform Commercial Code ("U.C.C.") and CISG deal with the statute of frauds, warranty disclaimers and the battle of the
Reproduced with permission of 17 Journal of Law and Commerce (1998) 343-353
CISG: From the Perspective of the Practitioner
V. Susanne Cook
Introduction
I. Comparing Some Key Provisions of CISG to the Uniform Commercial Code
A. The Statute of Frauds
B. Warranty disclaimers
C. The battle of the forms
II. On Opting into and out of CISG
A. Advantages
B. Disadvantages
C. Opting into CISG
III. Conclusion
Introduction
Like it or not, most companies operate in an international environment where economic success is measured in terms of international as well as domestic performance.[1] International trade of goods has grown steadily, offering exciting opportunities for growth and expansion not available to companies that conduct business on a strictly domestic basis.[2] Cross-border trade has become the new frontier, where opportunities abound for those able to adapt to the rules of international trade.[3]
In this time of unprecedented globalization of trade, the United Nations Convention on Contracts for the International Sale of Goods (CISG) [4] responds to the need for a uniform sales law with international application and acceptance.[5] When law is at its best, it serves and mirrors the values of society and resolves conflicts in a manner that is consistent [page 343] with such values and expectations.[6] In the case of CISG, with application in fifty Contracting States spanning five continents[7] and diverse legal systems and traditions,[8] that is a formidable task. CISG is fortunate to have a successful predecessor in Lex Mercatoria, the merchants' law created by merchants and administered by special merchant courts.[9]
This article is written from the point of view of a practitioner, where practical considerations may defeat scholarly insights. After comparing how the Uniform Commercial Code ("U.C.C.") and CISG deal with the statute of frauds, warranty disclaimers and the battle of the