This paper analyses lawyer's choices of law in international sales contracts. It identifies key reasons for opting in or out of the CISG across different jurisdictions. The paper then examines aspects of this choice from economic and psychological perspectives: from the ability to externalize...

An issue that remains unresolved in relation to the United Nations Convention on Contracts for the International Sale of Goods is the role played by good faith. As its name implies, the CISG governs the formation of certain contracts across international boundaries. Because its good faith...

This chapter focusses on purposes of modern sales law, the forces that influence utilization of uniform sales law, and challenges our perceptions about the suitability of domestic and uniform law in governing international sales. Part II examines the purposes and functions of modern sales law,...

Section 74(5) of the Transfer of Land Act 1958 (Vic) was inserted into the Act in 2014. It provides that ‘[a] registered mortgage does not operate as a mortgage or charge on the land if for any reason the mortgage is, or is found to be, void or not enforceable at law or in equity and the...

Why do lawyers in some jurisdictions continue to ‘automatically’ exclude the 1980 UN Convention on Contracts for the International Sale of Goods (CISG) in their choices of law for international sales contracts? Why do lawyers in other jurisdictions approach the decision very differently? Why...

This chapter explores the extent to which Australian contract law has - or has not - reflected international contract law in its development. The author explores the areas in which Australian courts and legislators might benefit from drawing upon the CISG and the UNIDROIT Principles of...

On 17 December 2020, the Law Commission for England and Wales opened a public call for evidence on the topic of the existing law's ability to adequately regulate smart contracts. This Submission is a response to that call for evidence. It addresses the United Nations Convention on Contracts for...

This article discusses the Bilateral Investment Treaty (‘BIT') dispute between Australia and Philip Morris Asia Ltd (‘PMA') and the implications for PMA's intellectual property rights as a result of the Tobacco Plain Packaging Act 2011 (Cth) (‘TPP'). In Part 1, it examines the merit of...

The European Union (EU) maintains that the word “Prosecco” is a geographical indication for a type of wine made in Northern Italy, rather than a grape variety. This position has been relied on by the EU to ban the importation of any wine labelled as Prosecco into the EU, and into other...

This article briefly describes the legal position in Australia prior to the Ice decision. It then explains the nature of the changes to that position as a consequence of the Ice decision. After dealing with the Ice decision, the recent first-instance decision in Phone Directories will be considered