LAW ET JUSTICIA LAW REVIEW

VOLUME 1 ISSUE 1

APPLICABILITY OF THE CISG TO ARBITRATION CLAUSES

AUTHORED BY:

Ms. BHAWNA LAKHINA, Student,

National Law Institute University, Bhopal

CO-AUTHORED BY:


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ABSTRACT

The Convention on International Sale of Goods (CISG) is one of the most successful among the conventions relating to international trade. The text of the CISG is constantly interpreted to broaden its scope of application. Today it is a common practice to include arbitration clauses in the contract agreement by the parties. Arbitration clauses are separate from the main contract according to the ‘Doctrine of Separability’. However, there can be situations wherein the parties to the contract do not specify the law applicable to the arbitration agreement. Various scholars and arbitral tribunals have used the standards of interpretation to apply the CISG to arbitration clauses. Many courts have also taken decisions to this effect.

In this sense, various mechanisms are used to apply the CISG to arbitration agreements. This article studies and analyzes how CISG can be used as an applicable law by the parties in arbitration. For this purpose, the article has been divided into four sections which relate to the Doctrine of Separability, scope of application of the CISG, the standards of interpretation that can be adopted, and the formal validity of arbitration agreements.

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