Article
Soft Law Instruments as Usages of Trade in CISG Contracts and International Commercial Arbitration
Uniform Commercial Code Law Journal
(2021)
Abstract
In this contribution, the author undertakes the task of determining whether soft law instruments, in particular the UNIDROIT Principles on International Commercial Contracts (the PICC), meet the test required to be considered usages of trade under Article 9(2) of the UN Convention for the International Sale of Goods (the CISG), Article 28(4) of the UNCITRAL Model Law on International Commercial Arbitration (the MAL) and similar provisions. The author concludes that in spite of some case law applying the PICC in that character and the probable overlap between some of its rules and usages of certain trades, the unofficial and organic nature of trade usages requires that the standard of proof of a specific usage be discharged -under CISG or MAL provisions- beyond the mere reference to PICC in toto.
Keywords
- Usages,
- Trade,
- CISG,
- UNIDROIT,
- PICC,
- UNCITRAL,
- MODEL LAW ON ARBITRATION
Disciplines
Publication Date
July, 2021
Citation Information
Edgardo Muñoz. "Soft Law Instruments as Usages of Trade in CISG Contracts and International Commercial Arbitration" Uniform Commercial Code Law Journal Vol. 50 Iss. 1 (2021) p. 1 - 40 ISSN: 0041-672X Available at: http://works.bepress.com/edgardo_munoz/42/