Edited by Djakhongir Saidov
Chapter 5: Trade usages in international sales law
Most commercial laws and many well-developed sales law regimes and arbitration rules are premised on the existence of and attach much significance to trade usages. This chapter assesses the role of usages in modern sales law and practice. Drawing on the experience of English law, the CISG and UCC, this work develops a framework for understanding the legal concept of a trade usage and reveals many weaknesses in how adjudicators deal with various preconditions for a usage, pointing to a real danger that what is held to be a usage in a court decision or arbitral award is a fiction. It argues that usages are in decline and, in any case, there should be little scope for the legal concept of a trade usage in international sales.
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