CISG Exclusion during Legal Proceedings
نویسندگان
چکیده
Abstract In the contracting States of Convention on Contracts for International Sale Goods (CISG), where CISG applies via its Article 1, courts have a duty under public international law to apply rules automatically, regardless parties’ awareness in this respect. At same time, parties subsequent autonomy based 6 exclude application Convention, which may be done expressly or by implication. Such an exclusion take place at various stages legal relationship, including during proceedings. Due fact that representatives are often not aware CISG’s existence and potential automatic given case, when dispute arises, they fail plead base their arguments basis applicable rules. This article focuses adjudicator’s ex officio, together with possibility requirements regarding exclusions made proceedings, example two recent Chinese cases. contribution, it is advocated failure litigation over sufficient indication intention Convention.
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ژورنال
عنوان ژورنال: The Chinese Journal of Comparative Law
سال: 2023
ISSN: ['2050-4810', '2050-4802']
DOI: https://doi.org/10.1093/cjcl/cxad003