Journal of Law and Commerce, Vol. 27, 2008
111 Pages Posted: 1 May 2008 Last revised: 15 Sep 2009
In an era of globalization it is perplexing that so many U.S. practitioners, jurists, and legal academics continue to view contract issues as governed exclusively by state common law and the Uniform Commercial Code. In essence, a significant number of lawyers may be defaulting to the wrong law, in the absence of an effective choice of law clause, when trying to determine the rights and responsibilities arising out of international commercial transactions. The object of the International Commercial Contracting Practices Survey Project was to learn more about how and why this occurs. While particular emphasis was placed upon obtaining responses from three top exporting states, California, Florida, and New York, and two at the bottom of the U.S. Census Bureau's list of exporting states, Hawaii and Montana, the survey was open to other participants as well. Accordingly, responses were received from 23 U.S. jurisdictions and 15 foreign countries or regions by the time the survey was closed.
Keywords: CISG, UNIDROIT Principles, International Sales Law, International Contracts
JEL Classification: F00, F01, F02, K00, K12, K33, O19, P45
Suggested Citation: Suggested Citation
Fitzgerald, Peter L., The International Contracting Practices Survey Project: An Empirical Study of the Value and Utility of the United Nation's Convention on the International Sale of Goods (CISG) and the Unidroit Principles of International Commercial Contracts to Practitioners, Jurists, and Legal Academics in the United States. Journal of Law and Commerce, Vol. 27, 2008. Available at SSRN: https://ssrn.com/abstract=1127382