Reflections on a critical aspect of CISG-governed international sale of goods transactions: the impact of the Hague Convention on Choice of Court Agreements on forum selection

Taylor, Des (2012) Reflections on a critical aspect of CISG-governed international sale of goods transactions: the impact of the Hague Convention on Choice of Court Agreements on forum selection. International Trade and Business Law Review, 15. pp. 42-59. ISSN 1836-8573

Abstract

The United Nations Convention on Contracts for the International Sale of Goods (CISG) is the prime legal instrument providing the substantive law as regards various important aspects of many international sale of goods transactions. The CISG has gained worldwide acceptance, it being estimated that approximately seventy to eighty percent of all international sale of goods transactions are governed by the CISG. Because of this importance, anything that affects or interacts with the CISG or has the potential to do so must also be taken into account by the parties to CISG-governed international sale of goods transactions. The Hague Convention on Choice of Court Agreements has that potential. This article examines whether there is an interaction or linkage between these two instruments and, if so, whether, based on what is known regarding the behaviour of parties to CISG-governed international sale of goods transactions, there is any reason to expect that the Hague Convention on Choice of Court Agreements, if it comes into force and is widely adopted, will lead to a different forum selection by a large number of parties to CISG-governed international sale of goods transactions.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Permanent restricted access to published version due to publisher copyright policy.
Depositing User: Dr Des Taylor
Faculty / Department / School: Historic - Faculty of Business and Law - School of Law
Date Deposited: 01 Jul 2012 06:33
Last Modified: 18 Jul 2014 06:23
Uncontrolled Keywords: international sale of goods; CISG; Hague Convention on Choice of Court Agreements; dispute resolution mechanisms; party autonomy; forum selection; international arbitration; international litigation;New York Convention; arbitral awards; recognition and enforcement of judgments; recognition of Choice of Court Agreements
Fields of Research (FOR2008): 18 Law and Legal Studies > 1801 Law > 180117 International Trade Law
Socio-Economic Objective (SEO2008): C Society > 94 Law, Politics and Community Services > 9499 Other Law, Politics and Community Services > 949999 Law, Politics and Community Services not elsewhere classified
URI: http://eprints.usq.edu.au/id/eprint/20980

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