INTERNATIONAL COMMERCIAL LAW – based in AUSTRALIA

INTERNATIONAL COMMERCIAL LAW – based in AUSTRALIA

INTERNATIONAL COMMERCIAL LAW

Based in Australia.

Research Paper: The International Sale of Goods

3000 words

Referencing: AGLC

TOPIC:

‘The author of this book believes that the lawyer’s fee should be recoverable under
art 74 as long as it is a consequence of the breach and is foreseeable by the party in
breach.’

John Mo, International Commercial Law (LexisNexis Butterworths, 6th ed, 2015) at
p.164 [2.177].

‘It is correct to say that arguments for and against the CISG governing attorneys’ fees
only go so far, but not all the way – otherwise, there would be no debate on this
point.’

Bruno Zeller, ‘Attorneys’ Fees – Last Ditch Stand?’ (2013) 58 Villanova Law Review
761, 761.

The CISG is an international convention governing contracts for the international sale of
goods. The CISG is not intended to be an exhaustive code – rather, it only addresses
particular issues relating to international sales of goods, being the formation of
contracts and parties’ rights and obligations. The CISG does deal with remedies.
However, significant debate has arisen in the cases and in the academic literature as
to whether lawyers’ fees are a type of loss recoverable under Art. 74 CISG.

Should the CISG allow lawyers’ fees to be recoverable as a type of loss under Art. 74
CISG?


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