PLI CLE Webinar – The CISG: Key Takeaways for Transactional Lawyers and Litigators in International Matters

January 23, 2023
Webinar

Herrick Restructuring & Finance Litigation co-chair Sean E. O'Donnell, along with partner Kyle J. Kolb, served as program faculty for a Practising Law Institute ("PLI") webinar titled, "The CISG: Key Takeaways for Transactional Lawyers and Litigators in International Matters." 

Overview

The UN Convention on Contracts for the International Sale of Goods (CISG) is an international treaty, ratified by nearly 100 countries, governing contract formation and the rights and obligations of sellers and buyers arising from international contracts for the sale of goods between parties in different signatory countries. While the treaty has been in force since 1988, many courts and lawyers are unfamiliar with it. This is quite remarkable because it applies by default to many international transactions. It is, therefore, important for international parties—and their counsel—to better understand the CISG’s applications and potential pitfalls, and how it contrasts to other laws like the UCC. The program offered insight from corporate counsel and litigators familiar with the CISG and its application to contract disputes.

Faculty covered:

  • An overview of the CISG and when it automatically applies
  • Comparing and contrasting the CISG and the UCC 
  • Pros and cons of having a contract governed by the CISG 
  • Effectively opting out of the CISG 
  • The use of expert witnesses in CISG litigation 

Program Faculty:

  • Sean E. O’Donnell, Partner and Co-Chair of Herrick’s Restructuring & Finance Litigation Practice
  • Kyle J. Kolb, Partner in Herrick’s Restructuring & Finance Litigation Practice
  • Professor Phoenix Cai, Associate Professor at Sturm College of Law at the University of Denver