ABSTRACT
This paper is aimed towards analyzing the concept and effect of implementing trade usages and practices in international transactions for the sale of goods between private parties. The foundational legal framework for this study is the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) (CISG), particularly Article 9 which deals with trade usages and practices. It also draws insights from landmark arbitration and court cases which have shaped the formation, interpretation and enforcement of trade usages and practices. This paper opines that trade usages and practices offer private businesspersons the advantages of predictability, expeditiousness, and ease of doing business. On the other hand, it considers the criticisms and possibility of these customs overriding explicit contractual provisions. It contemplates on the issues of identification and interpretation of relevant usages, conflicts between different sets of practices and the relationship between trade usages and formal regulations. This paper concludes by applauding the role of the CISG in providing ‘a modern, uniform and fair regime for contracts for the international sale of goods’. It proposes the interpretation of Article 9 by courts and arbitrators in its entirety to ensure the balanced application of norms, customs and trade usages in international trade.
Anih, Sopuruchukwu, The Effect of Trade Usages and Practices in International Contracts for the Sale of Goods (June 7, 2024).
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