Problems Relating to the Place of Performance for Payment of Damages and the Admissibility of Set-Off Claims Under Article 74 CISG
Surrey Law Working Papers Short Notes, Issue 3, 2013
11 Pages Posted: 10 Apr 2013
Date Written: April 8, 2013
Article 74 United Nations Convention on Contracts for the International Sale of Goods (CISG), which lays down a general framework for the recovery of damages under the CISG, has been associated with certain challenges due to the fact that it does not derive its basis from any of the existing legal systems of the world. In particular, certain elements fundamental to the recovery of damages are not expressly addressed by the said provision. These include the use of a counter claim to cancel out claims for the recovery of damages and place of performance for the payment of damages. This paper will investigate the admissibility of the above mentioned aspects under the CISG. In doing so, it will consider the opinions of scholarly writers, courts and arbitral tribunals and will evaluate the impact of their arguments on the entire Convention. In addition, it will recommend important guidelines for consideration in deriving solutions for matters not settled by Article 74 CISG.
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