Application of CISG in the International Commercial Contracts

Author: Alam, Md. Habib,

Abstract:
International sale contracts are parts of international commercial contracts. Drafting international sale agreement is being treated as a complex issue among lawyers and legal experts. The draftsman requires choosing a uniform law for drafting international sale contracts to avoid any conflict of laws between different Jurisdictional forums (i.e., domestic and international forums). Legal experts may choose the United Nations Convention on Contracts for the International Sale of Goods (CISG) 1980 to insert it into international sale contracts for its unique application character. CISG has been accessed by 94 countries (as of 25 February 2021) like Australia, the USA, China, Singapore, etc. Application of CISG into international sale contracts will ensure equal footing between contractual parties, fairness, reasonableness, justification, and international standard of interpretation subject to good faith under Article 7 of CISG. The main objective of CISG is to avoid trade barriers and promote uniformity of international sale laws among different jurisdictions. Scholars and legal experts supported that CISG is a successful sale convention among all other sale treaties. The present research paper aims to justify applying CISG into international sale contracts to promote the harmonization of sale laws among the trade community.

Keywords:CISG, International Sale Contracts, Harmonisation, Interpretation, Application.

DOI:

International Journal of Trade & Commerce (Vol: 10 Issue:1)