Both the Swiss Supreme Court and the Court of Appeals of the Canton Ticino cited Professor Ferrari’s works to corroborate the results reached on matters relating to international sales, on which Professor Ferrari, the Director of the Center, has written extensively.
In its 8 November 2016 ruling (docket n. 4A_451/2016), the Swiss Supreme Court relied, among others, on a paper by Professor Ferrari to hold that an international sale by auction should not be subject to the United Nations Convention on Contracts for the International Sale of Goods (“CISG”), but rather to the law applicable by virtue of the Swiss private international rules. On 20 April 2016, in a ruling (docket n. 15.2016.26) that was only recently published, the Court of Appeals of the Canton Ticino relied on a commentary by Professor Ferrari to hold that the effects of a retention of title clause on the property of the goods sold contained in a contract subject to the CISG are not governed by the CISG, but rather by the law applicable by virtue of the forum’s rules of private international law.