Topic > CISG Case Study - 2843

It would be better for member states of the East African Community to enact a regional law on the sale of goods rather than adopt the CISG” DiscussDefinition of CISGThe contract for the international sale of Goods is a convention sponsored by the United Nations which establishes uniform rules for the drafting of international sales contracts and establishes the legal rights and obligations of the seller and the buyer under such contracts. Its purpose is to provide a modern, uniform and fair regime for contracts for the international sale of goods. Therefore, the CISG significantly contributes to introducing certainty into trade and reducing transaction costs. The CISG has not been ratified in more than 130 countries. However, this is not enough to draw a negative conclusion as there are divergent reasons for this situation. Some countries appear to favor the regional approach over the global approach of the Convention. General application of the CISGI It may apply to a contract for the international sale of goods when the rules of private international law indicate the law of a contracting state as applicable, or by virtue of the choice of the contracting parties, regardless of whether their place of business is located in a Contracting State. In the latter case, the CISG provides a body of neutral rules that can be easily accepted in light of its transnational nature and the wide availability of interpretative materials.Delchi Carrier SpA v. Rotorex CorpBrief fact: Rotorex Corp., (Defendant) appeals the decision of the lower court in favor of Delchi Carrier SpA (plaintiff) for loss of profits and other consequences arising from the Defendant's delivery of non-conforming goods. Rule of Law Synopsis: If a breach is fundamental, ...... middle of paper... is plagued by capacity, scope and visibility traps; highlighted by the low number of commercial disputes referred to the EACJ for resolution or arbitration. Harmonization of laws is a process that requires much research at national, regional and international levels and although the governments concerned are committed to integration, they have yet to provide adequate funding for this process. The absence of a database of international treaties is also another potential challenge. There is no clear documentation of ratified and/or domesticated international conventions and treaties. This makes the harmonization process tiring. It is a process that requires a critical evaluation of a country's international obligations. The situation is aggravated by the fact that some EAC countries such as Kenya, Tanzania and Rwanda are not aware of the CISG