Tag: CISG
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Breach of contract in a cross-border contract with an Ohio company
Last week I had received an inquiry from a company regarding the purchase of a machine. A German company purchased a processing machine in a sales transaction from a US-American business partner in Ohio. In the contract per Incoterms a pickup EXW by the German company was agreed. No special contractual provisions have been agreed.…
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Possibilities and limits of Price Adjustment Clauses
Already last year, I highlighted the topic of price adjustment clauses in an article. Today I – again – would like to shed some light on this topic. In doing so, I would like to illuminate new aspects and point out more recent developments. Here, I will restrict myself exclusively to such clauses in b2b…
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The possibility of withdrawal from the contract under the UN CISG
This week I had a case under review in which a company had ordered goods from mainland China via the Chinese online platform Alibaba. Specifically, the goods were recreational trampolines. The trampolines were actually delivered and were apparently proper. However, when they were resold to the customer, it was noticed that the trampolines were only…
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Commodity shortages: Legal aspects of price adjustment
One issue that currently concerns many companies active in international trade is the rising price of raw materials. I had already written an article here for the Chamber of Industry and Commerce last month, but I would like to shed some light on the topic here as well: Still ongoing effects of the coronavirus pandemic,…
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Arbitration agreements under the New York Convention and their contractual incorporation – Legislation Review
The core of legal work is also always the analysis of case law – after all, knowledge of important high court decisions provides considerable legal certainty for any future casework. Today’s focus is a decision of the German Federal Court of Justice (BGH) on the CISG (UN Convention on Contracts for the International Sale of…
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