Search engine for discovering works of Art, research articles, and books related to Art and Culture
ShareThis
Javascript must be enabled to continue!

The Interpretation of UNCITRAL Law in Australian Courts: A Roadmap for Elevating the UN Sales Convention’s Status to That of Arbitration Law

View through CrossRef
Despite being part of Australian law for more than 30 years, the United Nations Convention on Contracts for the International Sale of Goods (‘CISG’) has not secured the internationally minded interpretation that CISG art 7(1) requires. Australia’s international commercial arbitration (‘ICA’) laws, however, are routinely approached by Australian courts with an internationalist perspective, as their own interpretative rules require. It is tempting to conclude that Australia’s approach to interpreting its ICA laws is transferable to the CISG context. In this article I address a previously unexplored nuance affecting that conclusion. Australian courts routinely accept Singaporean, Hong Kong and New Zealand interpretative influence concerning ICA laws. In the CISG context, however, significantly less influence from those jurisdictions exists. That being so, I explore how Australia’s courts might better apply the CISG in an internationalist manner. First, I recommend that Australia’s courts emphasise to practitioners the need to consider the CISG’s application and its internationalist interpretation requirements. Second, I recommend that Australian courts use the amicus curiae procedure to solicit third party submissions addressing the CISG’s interpretation. Both techniques are applied by foreign courts in the ICA context and would assist Australian courts in discharging their CISG art 7(1) obligations.
The University of Sydney Library
Title: The Interpretation of UNCITRAL Law in Australian Courts: A Roadmap for Elevating the UN Sales Convention’s Status to That of Arbitration Law
Description:
Despite being part of Australian law for more than 30 years, the United Nations Convention on Contracts for the International Sale of Goods (‘CISG’) has not secured the internationally minded interpretation that CISG art 7(1) requires.
Australia’s international commercial arbitration (‘ICA’) laws, however, are routinely approached by Australian courts with an internationalist perspective, as their own interpretative rules require.
It is tempting to conclude that Australia’s approach to interpreting its ICA laws is transferable to the CISG context.
In this article I address a previously unexplored nuance affecting that conclusion.
Australian courts routinely accept Singaporean, Hong Kong and New Zealand interpretative influence concerning ICA laws.
In the CISG context, however, significantly less influence from those jurisdictions exists.
That being so, I explore how Australia’s courts might better apply the CISG in an internationalist manner.
First, I recommend that Australia’s courts emphasise to practitioners the need to consider the CISG’s application and its internationalist interpretation requirements.
Second, I recommend that Australian courts use the amicus curiae procedure to solicit third party submissions addressing the CISG’s interpretation.
Both techniques are applied by foreign courts in the ICA context and would assist Australian courts in discharging their CISG art 7(1) obligations.

Related Results

THE IMPORTANCE OF ARBITRATION AGREEMENT IN WRITING: INTERNATIONAL, INDONESIA, AND NEW ZEALAND
THE IMPORTANCE OF ARBITRATION AGREEMENT IN WRITING: INTERNATIONAL, INDONESIA, AND NEW ZEALAND
International commercial arbitration has been one of the popular means to solve a dispute, including in Indonesia and New Zealand. In the event the cross-border commercial parties ...
Regina (Keyu) and Others v. Secretary of State for Foreign and Commonwealth Affairs and Another
Regina (Keyu) and Others v. Secretary of State for Foreign and Commonwealth Affairs and Another
Relationship of international law and municipal law — Treaties — Effect in municipal law — European Convention on Human Rights, 1950 — Article 2 of Convention — Human Rights Act 19...
International Investment Arbitration
International Investment Arbitration
International investment arbitration is heterogeneous. At its core, it represents the settlement of international investment disputes between foreign investors and host States by a...
Trooping the (School) Colour
Trooping the (School) Colour
Introduction Throughout the early and mid-twentieth century, cadet training was a feature of many secondary schools and educational establishments across Australia, with countless ...
Azərbaycan Respublikasinda arbitraj mübahisələrin həllinin alternativ üsulu kimi
Azərbaycan Respublikasinda arbitraj mübahisələrin həllinin alternativ üsulu kimi
The article analyses in detail the recently adopted Law on Arbitration in the Republic of Azerbaijan, which was intended to replace the Law on International Arbitration. The Law se...
PITFALLS IN THE DOMESTIC AND INTERNATIONAL COMMERCIAL ARBITRATION IN PAKISTAN
PITFALLS IN THE DOMESTIC AND INTERNATIONAL COMMERCIAL ARBITRATION IN PAKISTAN
Arbitration is a well-known and increasingly popular alternative dispute resolution method. It is a safe, cost-effective, and time-efficient alternative dispute resolution method. ...
Autonomy on Trial
Autonomy on Trial
Photo by CHUTTERSNAP on Unsplash Abstract This paper critically examines how US bioethics and health law conceptualize patient autonomy, contrasting the rights-based, individualist...

Back to Top