Time: 5:00 - 8:00pm
Venue: Room 3.1, Queen Mary University of London, Centre for Commercial Law Studies, 67-69 Lincoln's Inn Fields, London WC2A 3JB
The Institute of Transnational Commercial Law is delighted to announce it's second seminar for the ITCL Lecture Series:
In this presentation, Professor Djakhongir Saidov will explore the concept of a trade usage in sales law. A trade usage in sales law can be defined as a pattern of behaviour or a norm developed by business persons that results in standardising governance of sales transactions. By recognising a trade usage, commercial law seeks to give effect to the needs and expectations of the commercial community and to align itself with commercial reality. Despite this significance attached to trade usages, Professor Saidov takes the view that trade usages are in decline as the trading communities increasingly rely on industry sources that are much more formalised, detailed and comprehensive than fragmented trade usages. Drawing on the experience of the UN Sales Convention, English law and the US Uniform Commercial Code, this presentation will demonstrate a number of shortcomings in the way courts and arbitration tribunals worldwide have dealt with the preconditions for the applicability of a trade usage. It will be argued that there is a real danger that sales law has been promoting a ‘fiction’ or ‘phantom’ trade usages. Professor Saidov will advocate limited scope for the legal concept of a trade usage in international sales.
Djakhongir Saidov is Professor of Commercial Law at King’s College London. His research and teaching interests lie in international commercial law. He has written extensively on the law of sale of goods, remedies for breach of contract, international commercial law instruments, the law of oil and gas and other areas of commercial law (including two monographs: Conformity of Goods and Documents - The Vienna Sales Convention (Hart, 2015); The Law of Damages in International Sales (Hart, 2008)). Professor Saidov has given lectures and taught courses at the University of Birmingham and National University of Singapore as well as in universities in Chile, Spain, Italy, Hong Kong and Uzbekistan. Professor Saidov was a Rapporteur to the CISG Advisory Council (CISG-AC) on its Opinion No 19 on ‘Standards and Conformity of the Goods under Article 35 CISG’. He is the Editor of the English Sale of Goods Law section in the LMCLQ Yearbook of International Maritime and Commercial Law, an Academic Fellow at the Centre for Maritime Law in the National University of Singapore and a consultant to Helmsman LLC, Advocates & Solicitors, Singapore.
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