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Posted: February 3rd, 2023
A comparison of English sales law and the CISG
International business contracts play a vital role in facilitating trade and commerce between different countries. However, the laws governing these contracts vary from one jurisdiction to another, leading to confusion and uncertainty for businesses engaged in cross-border transactions. This essay aims to compare the benefits of English sales law and the United Nations Convention on Contracts for the International Sale of Goods (CISG) in international business contracts.
Advantages of English Sales Law:
English sales law is widely recognized as a leading legal system for international business contracts due to its long history, stability, and certainty. The following are the benefits of using English sales law in international business contracts.
Predictability:
One of the major benefits of English sales law is its predictability. The law has been developed and refined over centuries, providing a well-established framework for international business contracts. The courts in England and Wales are experienced in interpreting and applying the law, leading to a high degree of certainty for businesses engaged in cross-border transactions.
Flexibility:
Despite its stability, English sales law is also known for its flexibility. The law is capable of adapting to the changing needs of international trade, providing businesses with the necessary tools to respond to new challenges and opportunities. The courts in England and Wales are empowered to interpret the law in a way that reflects commercial reality, ensuring that the law remains relevant and responsive to the needs of the business community.
Jurisdiction:
English sales law provides businesses with the option to choose the jurisdiction in which disputes will be resolved. This gives businesses the flexibility to choose a jurisdiction that is most favorable to their interests, and to avoid jurisdictions that may be less favorable.
Advantages of CISG:
The CISG is a treaty that was adopted by the United Nations in 1980 with the aim of providing a uniform legal framework for international sales contracts. The following are the benefits of using the CISG in international business contracts.
Uniformity:
One of the major benefits of the CISG is its uniformity. The treaty provides a uniform framework for international sales contracts, eliminating the need for businesses to navigate a patchwork of different national laws. The CISG is widely ratified, with over 100 countries being parties to the treaty, providing a high degree of certainty for businesses engaged in cross-border transactions.
Efficiency:
The CISG is designed to promote the efficiency of international sales contracts by streamlining the legal process. The treaty provides clear and concise rules for the formation and performance of international sales contracts, reducing the time and costs associated with disputes.
Accessibility:
The CISG is designed to be accessible to businesses of all sizes, regardless of their level of legal expertise. The treaty provides a straightforward framework for international sales contracts, reducing the risk of misunderstandings and disputes.
Both English sales law and the CISG have their own advantages in international business contracts. English sales law is well-established, predictable, and flexible, while the CISG is uniform, efficient, and accessible. Businesses engaged in cross-border transactions may choose to use either or both legal systems, depending on their specific needs and circumstances. However, it is important for businesses to seek professional advice when entering into international sales contracts, to ensure that their interests are protected and their obligations are clear.
Bibliography:
Chen, W. (2013). The United Nations Convention on Contracts for the International Sale of Goods (CISG) and its impact on international trade. Journal of International Commercial Law and Technology, 8(2), 87-95.
Dalhuisen, J. (2017). Dalhuisen on international commercial, financial
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