Archive for the ‘international sales law’ Category

2014 Canadian International Law Students Conference

January 28, 2014

CILSC

I am privileged to be the keynote speaker at the upcoming  2014 Canadian International Law Students Conference, jointly presented by the International Law Society of University of Toronto Faculty of Law and Osgoode Hall Law School on Saturday, 1 February 2014 from 9:30 AM to 6:00 PM (EST). Here are the event details:

Event Details

The CILSC provides a forum for law students, academics, practitioners, and leaders in the field to exchange ideas about Canada’s international and domestic performance in public and private international law. Speakers will also touch on how to begin exploring a career in this field. For speaker bios visit www.cilsc.com

The conference has a history of attracting prominent speakers involved in the practice and study of international law. This year we are featuring speakers across five panels:

Panel 1: Litigating Foreign Cases in Canadian Courts
Panel 2: International Intellectual Property Law
Panel 3: Careers in Public International Law
Panel 4: Careers in Private International Law
Panel 5: Law and the Syrian Crisis

Schedule:

9:30-9:45 Introductions
9:45-11:00: Substantive panel 1 (Public)
11:15-12:30: Substantive panel 2 (Private)
12:30-1:30: Lunch
1:30-2:30: Concurrent Career Panels
2:45-4:00 Substantive Panel (Syria)
4:00-5:30 Reception

Ticket Information:

Online Student Ticket: $12.00

In-person Student Ticket: $10.00

For in-person tickets, Osgoode students please contact cassandrastefanucci@osgoode.yorku.ca; U of T students please contact james.rendell@mail.utoronto.ca or ws.wu@mail.utoronto.ca. These tickets will be available at the door.

Professional Tickets: $75.00

Current members of the bar who attend the conference are eligible for up to 3.75 hours of CPD credits. We will provide holders of Professional Tickets materials to be submitted to the law society for CPD credits.

If you’re interested in a career in international law or want to hear about the latest international law developments from leading academics and practitioners , this is a must-attend program.

“International Commercial Transactions: Sales of Goods and Cross-Border Financing | New England Law | Boston

January 31, 2013

I will be speaking at the upcoming “International Commercial Transactions: Sales of Goods and Cross-Border Financing” program, to be held at the New England Law | Boston, Center for Business Law on February 21, 2013 (1:00 pm-3:00 pm), discussing Transnational Sales of Goods- CISG.

Here is the program announcement:

Center for Business Law   Program and Forum for Faculty and Students – New England Law   Boston

Two New Scholarly Papers on the CISG

January 23, 2013

The following scholarly papers on the United Nations Convention on Contracts for the International Sale of Goods (CISG) may be of interest.

The first article is by Jan M. Smits (Maastricht University Faculty of Law – Maastricht European Private Law Institute (M-EPLI); University of Helsinki – Center of Excellence in Foundations of European Law and Polity) entitled “Problems of Uniform Sales Law – Why the CISG May Not Promote International Trade”, Maastricht Faculty of Law Working Paper No. 2013/1.  The abstract reads:

The United Nations Convention on Contracts for the International Sale of Goods (CISG) is the prime example of unification of private law at the global level. With over 75 contracting States that make up for an increasing number of the world’s largest economies, the CISG is usually seen as a big success. However, this assessment is largely based on how States perceive the advantages of the CISG. This contribution asks how other actors involved in the legal process (such as commercial parties, attorneys, in house-lawyers and courts) perceive the CISG. To this end, three persistent problems of the CISG are identified: its problematic uniform application by national and arbitral courts, its regular exclusion by parties, and its incompleteness. This calls for recognition that the establishment of a global uniform law is not the only possible way in which international trade can be promoted. It would be equally important to allow parties to make the national jurisdiction of their choice applicable to the contract. The value of the CISG then lies primarily in providing commercial parties with a common frame of reference, allowing them to compare the solutions of the CISG with various national jurisdictions and to act upon this.

The second article is by my colleague, Peter Mazzacano (Osgoode Hall Law School – York University) has published “The Treatment of CISG Article 79 in German Courts: Halting the Homeward Trend”, Nordic Journal of Commercial Law, Issue 2, 2012.  The abstract reads:

This article analyzes the treatment of CISG Article 79 by the German courts. Indeed, as one of the most prolific adjudicators of CISG jurisprudence, there now exists a critical mass of case law on Article 79 in Germany. The focus on a specific CISG provision by a specific jurisdiction wields invaluable information about the treatment of Article 79 by that signatory state. It finds that German courts have played a preeminent role in the interpretation of Article 79. In particular, German courts have generally eschewed the “homeward trend” that has plagued a number of other signatory states. This is an important development towards a conceptual goal of functional uniformity to which the CISG aspires. It also demonstrates that a specific CISG article — Article 79 — can stand alone as an autonomous international principle, without being charged with competing domestic principles. Article 79 has thus evolved — at least in Germany — into an autonomous international norm. This development suggests that Article 79 is capable of creating relative uniformity within the context of the CISG’s goal for a sales law that is truly transnational in design.

 Download a copy of  the Smits paper at SSRN here.

Download a copy of the Mazzacano paper at SSRN here.

Ontario Bar Association-International Law Section: Announcement and Upcoming Programs

September 7, 2012

i will drink to that (opps wrong bar)

I am pleased to announce that I am the new Chair of the Ontario Bar Association (OBA) – International Law Section.

I look forward to working with my colleague and Vice-Chair, Orlando Silva (Commercial Counsel – Specializing in Export Controls, Customs and International Trade Matters at Research in Motion) and my fellow Section Executives in keeping OBA members updated on current developments in various areas of international law.

Membership in the OBA International Law Section is open to any members of the Canadian Bar Association. If you want to find out more about the OBA International Law Section, please follow this link.

The OBA International Law Section enlists international law experts as speakers to provide timely and authoritative continuing legal education programs (many of which are accredited by the Law Society of Upper Canada). The following programs in September 2012 may be of particular interest:

International Law: The Controlled Goods Program Enhanced Security Strategy:“A Higher Fence around a Smaller Yard”

|Thursday, September 13, 2012 

Date: Thursday, September 13, 2012
Agenda: 12:00 pm Registration & Lunch 12:30 pm – 2:00 pm Program followed by Q & A
Location: Twenty Toronto Street Conferences and Events (OBA Conference Centre) 20 Toronto Street, 2nd Floor | Toronto, ON | M5C 2B8
1.5 Substantive Hours 0 Professionalism Hours Note: New members may apply any program that contains a minimum of 0.5 Professionalism Hours toward the annual CPD requirement.

REGISTER FOR LIVE PROGRAM | REGISTER FOR LIVE WEBCAST


Transfer Pricing in the NAFTA Zone – The Interaction of Income Tax and Customs Principles

|Wednesday, September 19 

Date: Wednesday, September 19, 2012
Agenda: 12:00 pm Registration & Lunch 12:30 pm – 2:00 pm Program followed by Q & A
Location: Twenty Toronto Street Conferences and Events (OBA Conference Centre) 20 Toronto Street, 2nd Floor | Toronto, ON | M5C 2B8
1.5 Substantive Hours 0 Professionalism Hours Note: New members may apply any program that contains a minimum of 0.5 Professionalism Hours toward the annual CPD requirement.

REGISTER FOR LIVE PROGRAM | REGISTER FOR LIVE WEBCAST


2012 U.S. Presidential Election-Impact on International Law and International Lawyers

| Wednesday, September 12

Date: Wednesday, September 12, 2012
Agenda: 11:30 am Annual Meeting and Election of ILS Officers and Council for 2012-2013 12:30 pm – Program
Location: The Detroit Yacht Club One Riverbank Road Belle Isle, Detroit MI 48207-4377
1 Substantive Hours 0 Professionalism Hours Note: New members may apply any program that contains a minimum of 0.5 Professionalism Hours toward the annual CPD requirement.

‘This is a joint program with the Ontario Bar Association’s International Law Section and the Michigan State Bar. Three panelists address the state of the law under the current Obama Administration and potential changes in a 2nd Obama or 1st Romney Administration respecting Immigration, International Trade and the U.S. FCPA, U.K. Bribery Act and Money Laundering enforcement. Also, we have invited the Executive Director of the State Bar of Michigan to address our section. Spend the afternoon with your State Bar of Michigan International Law Section colleagues, highly qualified presenters, business and government leaders active in international matters.

The program is free. RSVP by contacting me at ogletreeaaron@aol.com

Lisa Spagnolo on “Iura Novit Curia and the CISG: Resolution of the Faux Procedural Black Hole”

February 22, 2012

Spagnolo Bio Pic InsertLisa Spagnolo (Monash University – Faculty of Law) has published “Iura Novit Curia and the CISG: Resolution of the Faux Procedural Black Hole” in I. Schwenzer & L. Spagnolo, Towards Uniformity: The 2nd Annual MAA Schlechtriem CISG Conference, Eleven International Publishing (2011) 181-221. The Introduction reads:

“A growing line of cases points to a potential black hole in the CISG. Through a combination of domestic procedural rules and waiver principles it seems many cases to which the CISG clearly applies are being determined on the basis of inapplicable law, simply because counsel failed to mention the CISG.

This result is at worst incorrect, and at best, unsatisfactory. In my view, judges (and to a lesser extent, arbitrators) who realize the CISG applies to the case before them rather than the local sales law presented by counsel, often should, and in many cases, must apply the CISG. In this article I will present the case for how and why this should occur, regardless of local procedural ground rules.

The chapter begins in Part 2 with a typical factual setting and examples of it in practice. Part 3 presents the traditional view, according to which the forum’s procedural rules should provide the solution, outlines the nature of iura novit curia, and queries whether observed diversity in outcomes can be attributed to variance in procedural rules or interpretation of the CISG. The balance of the chapter attempts to provide a resolution to the problem that will improve certainty. Parts 4 and 5 respectively pose and analyse the questions so often obscured by the approach taken in the cases and by the traditional view: is there an obligation to apply the CISG if it is not pleaded? And if so, does failure to plead the CISG  per se amount to an agreement to exclude it? Part 6 puts forward a range of practical solutions, and Part 7 draws some brief conclusions.”

The paper is available for free download via the Pace Law School CISG Database here [pdf link].


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