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Antonin I. Pribetic
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The level of nescience of the CISG in Canada is comparable to, if not greater than, the U.S. experience. A number of Canadian academic commentators have lamented the failure of both Canadian practitioners (mostly litigators) and Canadian judges to recognize applicability of the CISG in Art.1(1)(a) and Art. 1(1)(b) scenarios. Prof. Kritzer at Pace Law School, and Prof. Ziegel at University of Toronto Law School, among others, have criticized the home-ward trend of U.S. and Canadian CISG decisions which reflexively resort to provincial (domestic) jurisprudence, notwithstanding the wealth of CISG caselaw-- whether from CISG Contracting State jurisdictions or in reported international arbitration decisions (cf. Prof. Lookofsky, the author of Understanding the CISG in the USA who takes a less critical position in this respect). In addition to Prof. Dodge's excellent comment "Teaching the CISG in Contracts: Why & What", transnational law practitioners will also benefit from visiting the following CISG websites: Pace Law School CISG website (http://www.cisg.law.pace.edu); UNILEX website (http://www.unilex.info); UNCITRAL-(http://www.uncitral.org/uncitral/en/case_law.html) The CISG Canada website is available at http://www.cisg.ca. Antonin I. Pribetic Steinberg Morton Hope & Israel LLP
Toggle Commented Jan 19, 2007 on Some Notes on the CISG at Transnational Law Blog