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1. Considering arbitral decisions concerning disputes related to the international sale of goods, how and when should arbitrators apply the CISG as the substantive law

1. Considering arbitral decisions concerning disputes related to the international sale of goods, how and when should arbitrators apply the CISG as the substantive law to resolve the merits of these disputes? Your answer should specifically address two different scenarios concerning the determination of the applicable substantive law:

    • when the parties have chosen the applicable substantive law in their contract; and
    • where the parties fail to agree on the law applicable to the merits of the dispute and have not chosen the applicable substantive law in their contract.

Your answer should specifically address arbitration doctrines such as party autonomy, and any relevant arbitration treaties or model laws.

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