Substantive and Jurisdictional Aspects of International Contact Remedies: Comment on Avery Katz's "Remedies under the CISG"

This work focuses on the transactional design of contract remedies and on the legal and economic implications of contracts taking place in a transnational context, as opposed to a purely domestic context. The point is made that the most characterizing feature of international contracts governed by the 1980 Sales Convention lies in their multi-jurisdictional aspect, whereas other features, such as the mercantile character and the long-distance shipment, although relevant in the concrete assessment of transaction costs, do not significantly differentiate international contracts vis-à-vis domestic ones. In fact, the multi-jurisdictional aspect of international contracts justifies the adoption of default rules on remedies different from those applicable to domestic contracts not only with respect to contract avoidance, but also with respect to specific performance and monetary remedies.