Testing the enforceability and jurisdictional waters of the convention for international sale of goods in Nigeria: A non-contracting state

Nwafor, Ndubuisi; Nwoke, Uchechukwu; Odinkonigbo, J.J; Umahi, T.O

Abstract

Many African countries are not contracting states to the United Nations Convention on the Contract for International Sale of Goods (CISG). This has been attributed to a possible lack of knowledge by these countries of the practical benefits derivable from this uniform international commercial Convention. Nigeria is one of the African countries that are yet to ratify the Convention. Though Nigeria is not a contracting state, the Convention can still apply in the country under certain circumstances. This article focuses on the ability of the CISG to apply in Nigeria by default, even when the country is not a contracting state to the Convention. It argues that the country's conflict of laws rules, when analysed together with the provisions of art.1(1)(b) of the Convention, leads to the application of the Convention by Nigerian courts, despite the fact that the country is yet to ratify the CISG.

• Journal Article Type: Article
• Online Publication Date: May 4, 2018
• Publication Date: Apr 24, 2018
• Deposit Date: Dec 27, 2023
• Journal: International Company and Commercial Law Review
• Print ISSN: 0958-5214
• Publisher: Sweet and Maxwell
• Peer Reviewed: Peer Reviewed
• Public URL: https://uwe-repository.worktribe.com/output/11542226