Thinking, small and large: can the CISG help SMEs and if so, how?

Lisa Spagnolo

doi:10.4337/9781803924540.00028

Thinking, small and large: can the CISG help SMEs and if so, how?

Lisa Spagnolo

Macquarie Law School

Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review

1 Citation (Scopus)

142 Downloads (Pure)

Abstract

The importance of small and medium-sized enterprises (SMEs) is clear, yet there is a dearth of research regarding the legal implications flowing from their decisions in international trade. This chapter examines SME contracting behaviours in the context of the CISG. It utilizes SME perceptions regarding cross-border contracting risks and SME strategies identified by Petra Butler and others to consider whether the CISG as a default law adds value for SMEs engaging in cross-border trade given the real legal risks and costs which actually face them. The chapter briefly reviews a number of challenges facing SMEs, such as pandemics, environmental regulation, geopolitical change, smart contracts and growing opportunities within Islamic-influenced legal systems and asks whether the CISG can benefit SMEs in the face of these future challenges.

Original language	English
Title of host publication	The Elgar companion to UNCITRAL
Editors	Rishi Gulati, Thomas John, Ben Köhler
Place of Publication	Cheltenham, UK ; Northampton, USA
Publisher	Edward Elgar Publishing
Chapter	18
Pages	356-375
Number of pages	20
ISBN (Electronic)	9781803924540
ISBN (Print)	9781803924533
DOIs	https://doi.org/10.4337/9781803924540.00028
Publication status	Published - 2023

Publication series

Name	Elgar Companions to International Organizations
Publisher	Edward Elgar

Keywords

Small and Medium Enterprises (SME)
CISG
decision analysis
international trade
Vienna Sales Convention
SME
SME exporters

Access to Document

10.4337/9781803924540.00028

Elgar Companion Chapter 18 SMEs 10 Dec 2023Final published version, 357 KBLicence: Unspecified

Cite this

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Thinking, small and large: can the CISG help SMEs and if so, how? / Spagnolo, Lisa.
The Elgar companion to UNCITRAL. ed. / Rishi Gulati; Thomas John; Ben Köhler. Cheltenham, UK ; Northampton, USA: Edward Elgar Publishing, 2023. p. 356-375 (Elgar Companions to International Organizations).

Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review

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KW - international trade

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KW - SME exporters

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PB - Edward Elgar Publishing

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Thinking, small and large: can the CISG help SMEs and if so, how?

Abstract

Publication series

Keywords

Access to Document

Other files and links

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Conflicts of interest between shariah and international sale of goods: does CISG interest fit with Islamic law?

Unification, disintegration or optimization: purposes of modern sales law

CISG Advisory Council Opinion No 16: Exclusion of the CISG under Article 6

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