Last week, I wrote about a New York case in which the court and the litigants failed to recognize the applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG). In today’s post, I discuss a case decided by a federal court in Rhode Island, Chilean Sea Bass Inc v Kendell Seafood Imports, Inc, which both recognized the applicability of the CISG and engaged with the scholarly commentary relating to it. This decision highlights the important – but sometimes overlooked – point that while the CISG governs contract issues such as formation and breach, it does not purport to address a number of non-contract issues. When these issues arise, the court must still perform a choice-of-law analysis to ascertain the governing law … (more)
[John F Coyle, Transnational Litigation Blog, 26 June 2024]
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