CISG-Applicability before National Judiciary in Egypt, Bahrain, Qatar and Jordan

Abstract

Background: The United Nations Convention on Contracts for the International Sale of Goods (the CISG or the Convention) may apply autonomously in Arab Contracting States, such as Egypt and Bahrain. The CISG may also be applied indirectly, i.e., by virtue of the rules of private international law, whether in Arab Contracting or non-Contracting States (e.g., Qatar and Jordan). This paper discusses both situations of the CISG application in Arab states at issue as well as how Arab courts address foreign law, including the CISG. Methods: A desk research methodology, as well as legal analysis and comparison, is adopted to answer the research questions. The author scrutinises a range of documents varying from national and international legal texts to academic writings and court rulings. The author analyses the two approaches prevailing in Arab academic writings and court rulings regarding the application of the designated foreign law (including the CISG), i.e. whether as a fact or as a (foreign) law. The author also compares these two approaches to show the advantages and disadvantages of each one to define which of them better serves justice and the parties’ interests. Results and Conclusions: The author concludes that the legislature in all Arab jurisdictions at issue, as well as the judicature in Egypt, Bahrain and Qatar, should rethink their approach to handling foreign law. In particular, the CISG should be dealt with as a matter of law, not as a matter of fact. Courts should apply the Convention and establish its content ex officio.