International Comparative Contract Law: Methodology and Practice

Assistant Professor of Law

 

Contrary to some scholarships on the decline or end of comparative law (e.g. Mathias Siems), this lecturer argues that comparative law is remerging as a significant discipline for the study and practice of international contract law. There are more scholars conducting comparative law research on the CISG, UNIDROIT, and domestic contract laws; and international arbitrators and counsels, often from different legal backgrounds, are debating the applicability of the above laws to different procedural and substantive issues to find a resolution. Those scholars and practitioners utilise comparative law methodology, and contribute to the harmonisation of international contract law. The lecturer agrees with Hein Kötz and others that contract law, especially international sale contract, has become A) the classical subject matter of modern comparative law, and b) one of the most important subject areas for learning the purpose and methodology of comparative law.