Reflections on a critical aspect of CISG-governed international sale of goods transactions: the impact of the Hague Convention on Choice of Court Agreements on forum selection

Reflections on a critical aspect of CISG-governed international sale of goods transactions: the impact of the Hague Convention on Choice of Court Agreements on forum selection

The United Nations Convention on Contracts for the International Sale of Goods (CISG) is the prime legal instrument providing the substantive law as regards various important aspects of many international sale of goods transactions. The CISG has gained worldwide acceptance, it being estimated that approximately seventy to eighty percent of all international sale of goods transactions are governed by the CISG. Because of this importance, anything that affects or interacts with the CISG or has the potential to do so must also be taken into account by the parties to CISG-governed international sale of goods transactions. The Hague Convention on Choice of Court Agreements has that potential. This article examines whether there is an interaction or linkage between these two instruments and, if so, whether, based on what is known regarding the behaviour of parties to CISG-governed international sale of goods transactions, there is any reason to expect that the Hague Convention on Choice of Court Agreements, if it comes into force and is widely adopted, will lead to a different forum selection by a large number of parties to CISG-governed international sale of goods transactions.

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