Wayne Barnes, ‘CISG (2024 Survey)’

ABSTRACT
This survey article discusses cases during the prior year, which are decided based on one or more provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The CISG is a United Nations treaty that provides a uniform international sales law. It was adopted in Vienna in 1980 and went into effect in 1988. The CISG governs contracts for the international sale of goods between businesses located in different countries that have ratified the treaty. It has been adopted by 95+ countries, including major trading nations like the United States, China, and most European countries. The CISG governs unless the parties expressly contract otherwise. It governs contract formation, obligations of buyers and sellers, remedies for breach, and passing of risk. It doesn’t apply to consumer sales, services contracts, or certain excluded goods like ships or aircraft. This year’s survey includes cases discussing: (1) the applicability of the CISG, (2) the CISG’s preemption of certain tort claims, (3) contract formation, (4) the lack of a formal statute of frauds writing requirement, (5) contract interpretation, (6) conformity of goods, (7) breach of contract, (8) recovery of attorney’s fees, and (9) recovery of prejudgment interest.

Barnes, Wayne, CISG (2024 Survey) (October 1, 2024), Texas A&M University School of Law Legal Studies Research Paper Forthcoming; Business Lawyer, volume 79, no 4, pp 1297-1308, 2024.

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