INTERNATIONAL COMMERCIAL LAW
Research Paper: The International Sale of Goods
‘The author of this book … believes that the lawyer’s fee should be recoverable under art 74 as long as it is a consequence of the breach and is foreseeable by the party in breach.’
– John Mo, International Commercial Law (LexisNexis Butterworths, 6th ed, 2015) at
‘It is correct to say that arguments for and against the CISG governing attorneys’ fees only go so far, but not all the way – otherwise, there would be no debate on this point.’
– Bruno Zeller, ‘Attorneys’ Fees – Last Ditch Stand?’ (2013) 58 Villanova Law Review 761, 761.
The CISG is an international convention governing contracts for the international sale of goods. The CISG is not intended to be an exhaustive code – rather, it only addresses particular issues relating to international sales of goods, being the formation of contracts and parties’ rights and obligations. The CISG does deal with remedies. However, significant debate has arisen in the cases and in the academic literature as to whether lawyers’ fees are a type of loss recoverable under Art. 74 CISG.
Should the CISG allow lawyers’ fees to be recoverable as a type of loss under Art. 74 CISG?