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Unpublished Paper
CONSTRUING LAWS GOVERNING INTERNATIONAL AND U.S. DOMESTIC CONTRACTS FOR THE SALE OF GOODS: A COMPARATIVE EVALUATION OF THE CISG AND UCC RULES OF INTERPRETATION
ExpressO (2012)
  • Sarah H Jenkins-Hobbs
Abstract

Some twenty-four years after the effective date of UN Convention on Contracts for the International Sale of Goods and seventy-eight contracting states, U.S. domestic lawyers, judges, academics, and law students remain challenged by the provisions and policies of the Convention. Early on, the practicing bar in the United States ignored or was oblivious to the applicability of the Convention. Some encouraged domestic clients to opt-out of the Convention’s coverage, choosing instead the security of the Uniform Commercial Code, without assessing the viability of the Convention given the client’s business goals or risk tolerance. The Model Rules of Professional Conduct mandate that attorneys are to be competent and diligent. Without an understanding of the Convention, attorneys, whether engaged in litigation or transactional practices, are failing to meet these two important ethical standards. This article is part of a larger resource designed to demystify the Convention and to provide guidance to the legal community on its provisions. Practitioners, judges and law students must engage in the mundane yet essential task of construing the Convention, determining its operative legal effect. This article is designed to assist in that process; it also delineates the similarities and differences between the processes employed for interpreting the Convention and the UCC. Finally, this article addresses those contextual settings that trigger the applicability of the Convention and those key Reservations or other provisions that redefine or limit its applicability.

Keywords
  • CISG,
  • UCC,
  • Good Faith
Disciplines
Publication Date
April 10, 2012
Citation Information
Sarah H Jenkins-Hobbs. "CONSTRUING LAWS GOVERNING INTERNATIONAL AND U.S. DOMESTIC CONTRACTS FOR THE SALE OF GOODS: A COMPARATIVE EVALUATION OF THE CISG AND UCC RULES OF INTERPRETATION" ExpressO (2012)
Available at: http://works.bepress.com/sarah_jenkins-hobbs/5/