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Trade Usages and Implied Terms in the Age of Arbitration$
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Fabien Gélinas

Print publication date: 2016

Print ISBN-13: 9780199916016

Published to Oxford Scholarship Online: May 2016

DOI: 10.1093/acprof:oso/9780199916016.001.0001

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Trade Usages in the Convention on Contracts for the International Sale of Goods

Trade Usages in the Convention on Contracts for the International Sale of Goods

Chapter:
(p.125) Chapter 7 Trade Usages in the Convention on Contracts for the International Sale of Goods
Source:
Trade Usages and Implied Terms in the Age of Arbitration
Author(s):

Geneviève Saumier

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199916016.003.0008

The CISG, a uniform substantive law of commercial contracts, envisions both subjective and objective conditions for establishing the intent of parties. It allows for the application of usages to which the parties have agreed as well as those that the parties merely “ought to” have known would apply. The treatment of usages in the CISG marks an important step in the evolving consensus about the role of usages in international trade. At the same time, the CISG is a document born of a particular time and place and may reflect the consensus of Western states that have traditionally been the source of trade usages. Continued ratification of the CISG in countries representing emerging economies may challenge the uniformity of its interpretation and the continued relevance of its concept of usages.

Keywords:   contract interpretation, CISG, usages, uniform law, historical context, North-South divide

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