The CISG: Important Considerations when Drafting Contracts and Litigating International Disputes

November 9, 2022
TAG Alliances Member Benefit Series Webinar

Herrick Restructuring & Finance Litigation co-chair Sean E. O'Donnell along with partner Kyle J. Kolb presented a webinar titled "The CISG: Important Considerations when Drafting Contracts and Litigating International Disputes" as part of the TAG Alliances Member Benefit Series.

Presenters:

  • 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

Program 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. This program offered insight from corporate counsel and litigators familiar with the CISG and its application to contract disputes.

This 50-minute webinar 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; and
  • The use of expert witnesses in CISG litigation.

This webinar was for TAG Alliances members only.