Our Case Study includes cases with controversial results as well as cases with sound legal reasoning which may reflect the evolution of the CISG jurisprudence. We try to illustrate that it is necessary to strike a balance between the notions of “observance of good faith” and “commercial reasonableness” when they are applied to adjudicate contract performance under the CISG. We welcome the opportunities to provide bespoken legal research services to trade associations. Cases can be selected for analysis to show the kind of contractual disputes that are most likely to arise in a particular sector of trade and how they can be innovatively resolved under the CISG together with other transnational law. Our specialized case analysis will enhance the knowledge and capability of members of the trade associations to meet with the challenges of judicial and commercial reality in resolving international trade disputes.
The format of our Case Study is divided into four sections: Summary, Facts, Judgment, and Comment/Discussion Points. The final section will be able to inspire lawyers to discern a right direction for substantiating their cases. We can provide tools such as templates or diagrams as a guidance for lawyers to gather evidence, focus on merits of the case, or adopt a sensible strategy for amicable settlement.
The cases in our Study are presented under four categories:
1. Interpretation of Contract
2. Nonconformity of Goods
3. Avoidance of Contract
4. Remedy of Damages
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