Buyer and seller are citizens of the United States and France respectively .Both
ID: 353717 • Letter: B
Question
Buyer and seller are citizens of the United States and France respectively .Both countries have adopted the CISG,. However as the performance of the contract 9s going to take place in th US, they decide that the US would have jurisdiction to hear disputes and the applicable law shall be that of the US. When a dispute arises, Seller claims that given the different legal traditions followed the applicable law should be the CISG. Buyer argues that the law of the US has been specifically mentioned in the contract and hence the CISG cannot be applied to in the settlement of disputes. Whom do you think is correct? Discuss.
subject is International Law
Explanation / Answer
In this case, seller is correct. Though the law of the US has been specifically mentioned in the contract but CISG is deemed to be incorporated into any applicable domestic law unless excluded by the terms of contract. Since both the countries, i.e. USA and France have adopted the CISG and it is not specifically excluded in the contract made by both the parties, hence CISG will apply.
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