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Coetzee, Juana --- "Incoterms(r) and the standardization of the international sales law" [2019] ELECD 2118; in Saidov, Djakhongir (ed), "Research Handbook on International and Comparative Sale of Goods Law" (Edward Elgar Publishing, 2019) 240

Book Title: Research Handbook on International and Comparative Sale of Goods Law

Editor(s): Saidov, Djakhongir

Publisher: Edward Elgar Publishing

Section: Chapter 10

Section Title: Incoterms® and the standardization of the international sales law

Author(s): Coetzee, Juana

Number of pages: 37

Abstract/Description:

This chapter assesses the role of Incoterms® in the governance of international sales transactions. These optional ‘soft law’ rules have a limited scope as they regulate matters connected to delivery and the risk of loss of or damage to goods. As standardized trade terms, Incoterms® are used in a variety of trades, and even in the absence of express incorporation, courts and arbitral tribunals often apply them as an interpretative aid. Although, on occasion, courts have incorporated them as international trade usage by virtue of article 9 CISG, this chapter questions such an approach. English law seems to be a major rival, especially in standard form contracts of trade associations for commodities trading. Even in other contexts, the English law understanding of trade terms is still deeply rooted. In general, the main value of Incoterms® lies in their supplementary relationship with other forms of standardized law such as the CISG.