The Interaction and Distinction Between the Sales and Arbitration Regimes – The CISG and Agreements or Binding Practice to Arbitrate – Vol. 26 No. 3

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Author: Morten M. Fogt*

Published: March 2016

Description: This article will navigate in and between the CISG and the arbitration regime and analyze questions of their relationship and the applicable law. There are relatively few decisions in the case law which have taken a stand on the issue. A Lithuanian Court of Appeal decision from Vilnius provides a practical illustration and a pragmatic solution to some of the questions of the relationship between the CISG and international commercial arbitration. A pragmatic solution can solve some, but not all, of the complicated questions which will need to be considered. The more in-depth analysis required is indeed no easy endeavour, but in practice is an important one. The issue of the relationship between the CISG and international commercial arbitration has been addressed several times in scholarly writings on the CISG but it remains controversial. Less attention is given to the application of the CISG to the agreement to arbitrate in the literature on commercial arbitration.

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*Professor in Civil and International Law, Department of Law, School of Business and Social Science, Aarhus University, Denmark.