An 'Unconventional Truth': Conflict of Laws Issues Arising Under the CISG
Antonin I. Pribetic
Himelfarb Proszanski LLP; University of Toronto at Mississauga-Rotman School of Management-Diploma in Forensic & Investigative Accounting (DIFA)
November 17, 2008
Nordic Journal of Commercial Law, No. 1, June 2009
This article discusses the applicability of the CISG from a Canadian conflict of laws perspective - both in terms of jurisdiction and choice of law. The analysis is framed by providing an outline of the key jurisdictional and choice of law principles developed within Canadian jurisprudence. Following a brief contextual overview of the CISG, Articles 1(1) (a) and 1(1) (b) and Article 6 of the CISG are highlighted, with specific reference to recent Canadian and foreign judicial decisions and foreign arbitral awards involving Canadian parties. The article concludes with a clarion call to justice stakeholders, particularly, Canadian commercial lawyers and judges, to better understand and apply the CISG in the future.
Number of Pages in PDF File: 49
Keywords: United Nations Convention on Contracts for the International Sale of Goods, CISG, conflict of laws, jurisdiction, forum non conveniens
JEL Classification: K10, K12, K33, K41Accepted Paper Series
Date posted: November 20, 2008 ; Last revised: June 17, 2009
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