Day: February 25, 2013

In Search of a Global Jurisprudence, 38 U.C.Dav. L. Rev. 1049 (2005) – was cited in Justice Ginsburg’s concurring opinion in the recent decision Chafin v. Chafin (Feb. 19, 2013).  The Court held unanimously that an appeal from an order of return of the child to Scotland was not moot, notwithstanding that no stay had been issued and the child was now in Scotland.  Both the possibility of a re-return order and a vacatur of the lower court’s expense orders meant that the case was not moot.  Justice Ginsburg, in an opinion joined by Justices Breyer and Scalia, offered suggestions for proposed legislation to limit appeals with respect to return orders.

The Supreme Court of Germany cited a paper by Professor Franco Ferrari in a decision concerning the value to be attributed to a given INCOTERM. Professor Ferrari, who is the director of the Law School’s Center for Transnational Litigation and Commercial Law, is an expert on international sales law. In its November 7, 2012, the German court relied on a paper by Ferrari asserting that INCOTERMS are not necessarily to be interpreted on the basis of the understanding attributed to them by the ICC, but may be subject to domestic interpretation where no express reference is made to ICC INCOTERMS.
For the full text of the decision, please click here:

http://www.globalsaleslaw.org/content/api/cisg/urteile/2374.pdf