Abstract
To date, there has been a strong contrast in decisions by various arbitration tribunals and courts of various jurisdictions regarding whether a seller should be liable for non-conformity under Article 35 of the Convention on the International Sale of Goods (CISG) if the goods do not comply with the public law standards in the buyer's country. In today's economy, international trade is ever-increasing and parties of various levels of sophistication engage in international commercial transactions. Therefore, the implications of this particular issue further increase uncertainty and transaction costs involved in international business transactions.
Part I of this Note provides a general introduction to the CISG and discusses when the CISG applies to a particular transaction. Part II introduces the CISG's provision for issues regarding non-conformity. Part III outlines the various remedies that the buyer can receive for nonconformity under the CISG. Part IV introduces the relevant conflicting case law and arbitration decisions regarding the issue of the seller's obligation to conform to public law standards in the buyer's country. Finally, Part V proposes a new provision to the CISG that clearly states the default position, carves out the exceptions to this rule, and specifies who has the burden of proof regarding this issue of non-conformity.
Recommended Citation
Meredith P. Jones,
Whose Mussels Carry the Burden?: Public Law Standard Conformity Under the CISG,
28 Fla. J. Int'l L.
(2021).
Available at: https://scholarship.law.ufl.edu/fjil/vol28/iss3/4