Incorporation by Reference of General Terms and Conditions into a CISG Contract: The Experts Debate

Camilla Baasch Andersen, Lisa Toohey, U.G. Schroeter, Kun Fan, Qiao Liu

Research output: Contribution to journalArticlepeer-review

Abstract

Can the mere reference to general terms and conditions be sufficient to incorporate them into a CISG contract? With literally millions of contracts worldwide being transacted through the use standard terms and conditions, this is far from an abstract or theoretical problem. This article brings together, in debate and dialogue format, the opinion of some leading experts in the field. The debate format of this article offers the rare advantage of sometimes strongly differing views engaging with one another, which the authors were assigned and are deliberately assuming to spark discussion and ensure a colorful debate.
Original languageEnglish
Pages (from-to)83-97
JournalThe Vindobona Journal of International Commercial Law and Arbitration
Volume25
Issue number2
Publication statusPublished - 2023

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