CISG Methodology

CISG Methodology

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The CISG is now being applied extensively both by international arbitral tribunals and by domestic courts of its more than 70 contracting states. But do they also apply it in the same manner? Although Article 7 of the CISG underscores qthe need to promote uniformity in its applicationq, it gives little guidance as to how to achieve this goal. Each judge and arbitrator is influenced by the legal methodology of his home jurisdiction. Therefore it is somewhat of a paradox that whilst the number of contracting states is constantly increasing so too is the threat of variation in application. In this book the most important issues of the CISG's methodology are analysed by leading experts from five continents. Whereas some authors provide a thorough analysis of the central topics of interpretation, others enter almost uncharted territories.application and methodology among CISG signatory countries, and (3) some normative conclusions on how best to improve the uniformity of ap- plications. ... Glenn notes the three potential benefits of the lawa#39;s recognition of foreign cases as persuasive authority.17 First, it justifies the ... 18 As noted earlier, a Spanish Appellate Court asserted that the spirit of the CISG is best served by uniform applicationanbsp;...

Title:CISG Methodology
Author: André Janssen, Olaf Meyer
Publisher:Walter de Gruyter - 2009-04-27

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