Applicable Law and Procedural Issues in 25th Vis Moot Problem
Explore the applicable laws governing substantive issues and procedural aspects like standard terms, non-conforming goods, and contractual obligations in the 25th Vis Moot Problem, as analyzed by Professor Flechtner. The content covers the CISG, UNIDROIT Principles, interpretation of terms, and more.
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25thVis Moot Problem APPLICABLE LAW FOR SUBSTANTIVE ISSUES PROFESSOR FLECHTNER
Other Issues/Provisions Avoidance: CISG Articles 49, 25 and 26 See Clause 4.3 of Respondent s General Conditions of Contract, R. p. 12 Remember CISG Article 6 See also Ming email. R. p. 22 CISG Article 39 CISG Article 79 CISG Article 48
Applicable Law: General Considerations Applicability of CISG: Art. 1 Para 4 of Proc. Order 1, Record ( R ) p. 49 Clause 19 of Respondent s General Conditions, Record ( R ) p. 12 CISG Art. 6 See Clause 4.3 of Respondent s General Conditions, R p. 12 CISG Art. 4 and external gaps Para 4 of Proc. Order 1, R p. 49 UNIDROIT Principles -- http://www.unilex.info/dynasite.cfm?dssid=2377&dsmid=14311 Interpretation of CISG: Art. 7(1) Sources Memo -- https://flechtnersalesseminar.wordpress.com/sources-memo/ The Claim in the Preamble to UNIDROIT Principles
Applicable Law: General Considerations cont d Filling internal gaps in the CISG Article 7(2) The claim in the Preamble to the UNIDROIT Principles. UNIDROIT Principles as applicable domestic law (para 4 of Proc. Order 1, p. 49 Interpretation of the parties agreement CISG Art. 8 Supplemented by, e.g., UNIDROIT Principles 4.6 ( contra proferentem rule) Also see CISG Art. 9 (usages and party practices)
Issue 1(c) from Procedural Order 1: Which Party s Standard Terms Govern? What is the offer ? CISG Art. 14 What is the acceptance CISG Article 18 CISG Article 19 Relevant? See Claimant s Notice of Arbitration ( NOA ) Para 18 p. 6 See Respondent s Response to the NOA Para 25 p. 27 See also UNIDROIT 2.1.11 and 2.1.19 2.1.22 See also Para 6 of 2016 CISG Digest, p. 98 Remember CISG Art. 8
Issue 1(d)[1] from Procedural Order 1: Non-Conforming Goods? See NOA Paras 17-18, R. p. 5 See also Claimant s Supplier Code of Conduct, R. p. 31 See also Arbitrator s article, R. p. 40 See Respondent s Response to the NOA Para 24, R. p. 27 See also Respondent s Code of Conduct for Suppliers, Clause E, R. p. 14
Issue 1(d)[2] from Procedural Order 1: If a Contractual Obligation (R s Terms?), Best Efforts Guarantee ? NOA Paras 20-22, R. p. 7 Respondent s Response to NOA Paras 1-2, R. p. 24; Paras 26-27, R. p. 27 See UNIDROIT 5.1.4 & 5.1.5 Compare Respondent s Supplier Code of Conduct Clause E, R. p. 14, with Claimant s Suppliers Code Clause 4, R. p. 31 See also 3rdPara of Ming Witness Station, R. p. 41
