An Arbitral Case Study on Burden of Proof for Non-Conformity of Goods Under CISG

• 영문명: An Arbitral Case Study on Burden of Proof for Non-Conformity of Goods Under CISG
• 발행기관: 한국중재학회
• 저자명: 김은빈(Eun-Bin Kim)
• 간행물 정보: 『중재연구』제32권 제3호, 71~91쪽, 전체 21쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2022.09.30

영문 초록

The CISG does not stipulate the subject of the burden of proof, and in the arbitral award, the buyer is liable for proof compared to the seller for nonconformity of the product. Without a unified interpretation of the burden of proof of non-contractual goods, confusion of uncertainty may increase if the parties to the sale contract have a dispute due to the trade in goods. It is an important issue to create a unified regulation on this because the courts or arbitration agencies of the Contracting States of the CISG interpret and apply the "seller's obligation to conform to the goods contract" stipulated in this Convention in various ways. In this study, in the case of international Sales of Goods there is a tendency to prefer arbitration through arbitration agencies in the dispute, so the subject of burden of proof is analyzed through arbitration cases applied by CISG as the governing law. Most international commodity trading around the world is regulated by this Convention, but according to the rigid convention regulations, it is analyzed and interpreted through cases where this convention is applied to each country's international arbitration, suggesting the need for a rigid CISG revision.

목차

Ⅰ. Introduction

Ⅱ. Conformity of the goods and the Burden of proof

Ⅲ. Case study of the arbitration award on the subject of proof of non-conforming goods

Ⅳ. Conclusion

References

키워드

arbitration award CISG Conformity of Goods subject of burden of proof product liability buyer's remedy