SLIDE: DISPUTE SETTLEMENT REGARDING OBLIGATIONS OF THE SELLER IN INTERNATIONAL SALES CONTRACT UNDER CISG 1980 AND REMARKS FOR VIETNAMESE ENTERPRISES

DISPUTE SETTLEMENT REGARDING OBLIGATIONS OF THE SELLER
IN INTERNATIONAL SALES CONTRACT UNDER CISG 1980
AND REMARKS FOR VIETNAMESE ENTERPRISES
Author: Đàm Minh Hiếu
Supervisor: Nguyễn Tiến Hoàng (PhD.)


Introduction
Chapter 1: Overview on the CISG 1980 & the dispute regarding
obligation of the seller in international sales contract
Chapter 2: Dispute settlement regarding obligation of the seller in
international sales contract under CISG 1980 around the world
Chapter 3: Remarks for Vietnamese enterprises.


INTRODUCTION


DISPUTE SETTLEMENT REGARDING OBLIGATIONS OF THE SELLER
IN INTERNATIONAL SALES CONTRACT UNDER CISG 1980
AND REMARKS FOR VIETNAMESE ENTERPRISES

01/01/2017


Conducting distinct remarks for Vietnamese enterprises to prevent
conflicts with foreign salesmen and strengthen their business activities


RESEARCH METHODOLOGIES

Analysis

Synthesis


RESEARCH METHODOLOGIES
o



Secondary
Data
Collection
Case
Study
In-depth
Interview
Method
Comparative
Law
Method
- Mr. Nguyen Cong Phu – Deputy Chief Judge of the Economic
Review
Court
Determine
Court of
People’s
in HCM  Analyse  Evaluate
- Mr. Pham Van Chat (PhD.) – Arbitrator at Vietnam International
Arbitration Centre

STRUCTURE OF THE RESEARCH
Chapter 1: Overview on the CISG 1980 & the dispute regarding
obligation of the seller in international sales contract
Chapter 2: Dispute settlement regarding obligation of the seller in
international sales contract under CISG 1980 around the world
Chapter 3: Remarks for Vietnamese enterprises.


Chapter 1: Overview on the CISG 1980 &
the dispute regarding obligation of the
seller in international sales contract


The seller
must
deliver
hand over
anygoods
documents relating
to them
and
Third-party
claim
Delivery
of the
goods
andthe goods,
Conformity

of the
transferover
the property
in the goods, as required by the contract and this Convention
handing
documents
(Article 30 – CISG)


DELIVERY OF THE GOODS AND
HANDING OVER DOCUMENTS


CONFORMITY OF THE GOODS

The seller must deliver goods which are of the quantity, quality and description
required by the contract and which are contained or packaged in the manner
required by the contract.
(Article 35.1 – CISG)


CONFORMITY OF THE GOODS
Except where the parties have agreed otherwise, the goods do
not conform with the contract unless they:
(a) are fit for the purposes for which goods of the same
description would ordinarily be used;
(b) are fit for any particular purpose expressly or impliedly made
known to the seller at the time of the conclusion of the contract,
…
(c) possess the qualities of goods which the seller has held out to

the buyer as a sample or model;
(d) are contained or packaged in the manner usual for such
goods or, where there is no such manner, in a manner adequate
to preserve and protect the goods.
(Article 35.2 – CISG)


in case of NON-CONFORMITY OF THE GOODS


THIRD-PARTY CLAIMS


DISPUTE IN INTERNATIONAL SALES CONTRACT


DISPUTE SETTLEMENT IN INTERNATIONAL SALES CONTRACT

Non-jurisdictional Method

Negotiation

Mediation

Jurisdictional Method

Court

Arbitration center

DISPUTE REGARDING OBLIGATIONS OF THE SELLER
IN INTERNATIONAL SALES CONTRACT


Chapter 2: Dispute settlement regarding
obligations of the seller in international sales
contract under CISG 1980 around the world


REMEDIES FOR DISPUTE REGARDING OBLIGATIONS
OF THE SELLER
(1) Specific performance (Article 46 & 47)
(2) Avoidance of the contract (Article 49)
(3) Right of the seller to cure (Article 48)
(4) Reduction in price (Article 50)
(5) Suspension of the performance (Article 71)
(6) Claim for damages (Article 73 – 77)
(7) Remedies for partial non-performance or partial lack of conformity (Article 51)
(8) Refusal to take early delivery of excess goods (Article 52)


THE CURRENT SITUATION OF DISPUTE SETTLEMENT REGARDING
OBLIGATIONS OF THE SELLER IN INTERNATIONAL SALES CONTRACT
UNDER CISG 1980
Statistics on 5 nations with the highest number of dispute cases regarding
obligations of the seller from 2001 to 2015
Number of cases
Order

Nations

2001 – 2005

2006 - 2010

2011 - 2015

1

Germany

51

36

18

2

Switzerland

27

27

13

3

Netherland

7

27

21

4

France

22

16

24

5

Spain

16

19

9

Unit: case

TYPICAL CASES OF DISPUTE SETTLEMENT REGARDING
THE CONFORMITY OF THE GOODS

New Zealand mussels

Swiss Company

German company


GENERAL EVALUATIONS

(1) The jurisdictional authorities and enterprises are preferred to use the
Convention in their contracting and dispute settling.
(2) The dispute settlement regarding obligation of the seller is complex and
complicated.


Chapter 3: Remarks for Vietnamese enterprises


FACTORS AFFECTING THE TREND OF DISPUTE REGARDING OBLIGATION
OF THE SELLER IN INTERNATIONAL SALES CONTRACT IN VIETNAM

(1) Sources of applicable law
(2) Integration of Vietnam into the global economy
(3) Knowledge level of Vietnamese enterprises concerning the obligations of the
seller