Applicability of CISG To Kuwaiti Businesses
Prof. Amin Dawwas
Full Professor of Private Law Kuwait International Law School Arab American University – Jenin – Palestine (on leave)
Abstract:
CISG applies to contracts of international sale of goods either directly (in contracting states) or indirectly (when the rules of conflict of laws of a non-contracting state lead to the application of the law of a contracting state). This article addresses the possibility of applying CISG in Kuwait indirectly. After defining what the indirect application of CISG exactly means, the article explains how the national courts or arbitral tribunals may apply CISG whether as the law chosen by the parties or as the law otherwise applicable.
This article also deals with the applicability of CISG in Kuwait as expression of lex mercatoria whether by national courts or arbitral tribunals. It discusses both the international arbitration practice and the court practice of other jurisdictions of the indirect application of CISG. The research concludes with the recommendation for Kuwait to accede to CISG.