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New dog, old tricks : solving a conflict of laws problem in CISG arbitrations

Hayward, Benjamin 2009, New dog, old tricks : solving a conflict of laws problem in CISG arbitrations, Journal of international arbitration, vol. 26, no. 3, pp. 405-436.

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Title New dog, old tricks : solving a conflict of laws problem in CISG arbitrations
Author(s) Hayward, Benjamin
Journal name Journal of international arbitration
Volume number 26
Issue number 3
Start page 405
End page 436
Total pages 32
Publisher Kluwer Law International
Place of publication Netherlands
Publication date 2009
ISSN 0255-8106
Summary Parties to international sale of goods transactions often exercise their rights to choose a governing law and refer disputes to arbitration . Where their choice is incomplete, as is the case where the contracts for the International Sale of Goods (CISG) is chosen, complex conflict of laws problems can arise, including disputes over the governing limitation period. While such disputes are traditionally resolved using conflict of laws methodologies, this article argues a superior solution can be achieved through procedural late. Through a simple discretion, arbitral tribunals may apply the limitation period from either the International Institute for the Unification of Private Law (UNIDROIT) Principles 2004 or the UN Limitation Period Convention. Such an approach makes determination of the governing limitation period a simpler process, allowing parties to focus their attention on what they are really concerned with—the merits.
Language eng
Field of Research 180107 Conflict of Laws (Private International Law)
Socio Economic Objective 940401 Civil Justice
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
HERDC collection year 2009
Copyright notice ©2009, Kluwer Law International
Persistent URL http://hdl.handle.net/10536/DRO/DU:30016802

Document type: Journal Article
Collections: Faculty of Business and Law
School of Law
Open Access Collection
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