Sales in Global Supply Chains: A New Architecture of the International Sales Law
Forthcoming, D. Saidov (ed.), Unity and Diversity in the Law of the (International) Sale of Goods, Edward Elgar, 2019
35 Pages Posted: 28 Jan 2019 Last revised: 15 Jun 2019
Date Written: January 13, 2019
This chapter examines trading in the context of global supply chains. It begins by exploring the relationship between the different types of global chains and their transactional features as well as the regulatory techniques focussing on the combination of standardization and customisation of contracts in global chains. It then develops an argument, that sales contracts within global supply chains are very different from the more typical ‘isolated’ sales, by focussing on several areas: (non-)conformity of goods, monitoring of the seller’s performance, the buyer’s remedies for breach of contract, and post-contractual obligations. The chapter contends that, bearing in mind the increasing regulatory function of sales law in international trade, the international sales law regimes need to adjust their legal architecture to adequately accommodate the features of supply chains.
Keywords: global supply chains, regulation and transnational standards, standardisation and customisation of contracts, conformity of goods, third party monitoring of performance, remedies, post-contractual obligations
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