An 'Unconventional Truth': Conflict of Laws Issues Arising Under the CISG
Nordic Journal of Commercial Law, No. 1, June 2009
49 Pages Posted: 20 Nov 2008 Last revised: 17 Jun 2009
Date Written: November 17, 2008
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.
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, K41
Suggested Citation: Suggested Citation