Research Handbook on International and Comparative Sale of Goods Law
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Research Handbook on International and Comparative Sale of Goods Law

Edited by Djakhongir Saidov

This thorough and detailed Research Handbook explores the complexity of governance of sales contracts in the modern world. It examines many topical aspects of sales law and practice, with considerable emphasis being placed on the diversity of: commercial and transactional contexts; in which sales contracts are made and performed, including digital technologies, long-term contracts and global supply chains and sources governing such contracts, particularly those emanating from commercial players, such as standard form contracts, trade usages and trade terms. Written by leading experts from an international and comparative perspective, the Research Handbook is relevant to anyone with an interest in commercial sales and contract law.
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Chapter 14: The impact of arbitration on the development of international sales law

Richard Aikens

Abstract

This chapter examines a symbiotic relationship between, on the one hand, the English law of international sales and, on the other, arbitration and control of the arbitral system by the courts. The chapter shows that much of the development of early sales law was integrally interconnected with an arbitration system of dispute resolution. This chapter shows that the availability of the procedure known as the ‘Special Case’ - which enabled courts to review issues of law, but was abolished in 1979 - contributed significantly to the development of the English law of international sales. The current law, enshrined in the UK Arbitration Act (1996), has restricted the scope for appeals on points of law from arbitration awards and this chapter underscores the danger that this may have stultified the development of the English law of international sales.

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