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CISG's Place in the Context of the Anticipated International Civil Law Act in Australia

Sooksripaisarnkit, P ORCID: 0000-0002-1708-4226 2019 , 'CISG's Place in the Context of the Anticipated International Civil Law Act in Australia', in P Sooksripaisarnkit and SR Garimella (eds.), Contracts for the International Sale of Goods: A Multidisciplinary Perspective , Sweet & Maxwell, Hong Kong, pp. 115-132.

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Abstract

The purpose of this chapter is to examine the “United Nations Convention onContracts for the International Sale of Goods” (Vienna, 1980) (CISG) froman Australian perspective. Australia ratified the CISG on 17 March 1988and the CISG came into force in Australia on 1 April 1989. Australia hasgiven effect to the CISG through the statute enacted in different states andterritories. Yet, to date, there have been only 26 cases on the CISG raisedbefore the courts in Australia. The reason is in part cultural as it has becomea “prevalent practice” for parties to opt out from CISG scheme ever sincethe early stage of contract drafting. In cases where CISG was supposed toapply, “courts across Australia perpetuated the unfortunate tendency to citenon-applicable domestic legislation, case law or concepts … often due to thereluctance of counsel to engage with the CISG”. It is not the purpose of theauthor in this chapter to re-examine how Australia has been treating CISG. Itis instead the purpose of the author in this chapter to look to the future on howthis international convention on international sales will interact with a muchanticipated “International Civil Law Act”. This piece of legislation, whichis currently in the drafting stage, will give effect to the “Hague Conventionof 30 June 2005 on Choice of Court Agreements” (HCCCA) with anexpectation is that Australia will accede to this Convention in a foreseeablefuture. The original plan was to accommodate in this legislation as well the“Principles on Choice of Law in International Commercial Contracts” (thePrinciples). This inclusion is now unlikely. Yet, there is nothing to preventAustralia to implement the Principles in the future, if it deems appropriate.In view of this, discussions in this chapter will encompass the likely role ofthe Principles.

Item Type: Book Section
Authors/Creators:Sooksripaisarnkit, P
Keywords: international sale of goods, CISG, choice of court agreements, Hague Convention
Publisher: Sweet & Maxwell
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Copyright 2019 Thomson Reuters Hong Kong Limited

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