Refusal to Issue a Letter of Credit and Fundamental Breach under the CISG: Liverina (Australia) Pty Ltd. v. Daehyun Trading Co.

Kim, Sang Man

Under the CISG, whether a particular breach of a contract constitutes a fundamental breach is of critical importance, because the CISG provides different remedies for a fundamental breach and a non-fundamental breach, respectively. Therefore, domestic law shall be applicable to a sales contract together with the CISG (Peter Schlechtriem & Petra Butler, I UN Law on International Sales i (Springer 2009), 11), and where there is conflict between the domestic law and the CISG, the CISG shall prevail. 1. The United Nations Convention on Contracts for the International Sale of Goods (the "CISG") has been acknowledged by some as the world's preeminent sales laws.

LETTERS of credit; UNITED Nations Convention on Contracts for the International Sale of Goods (1980); ARBITRATORS

Chinese Journal of International Law, 2022, Vol 21, Issue 2, p393

1540-1650

Academic Journal

10.1093/chinesejil/jmac016