International Commercial Sales: Challenges in Contract Drafting, Transport Risks and Documentary Fraud

The International Sale of Goods and the Transport Law Commissions have decided to organise a joint session during the Dakar Congress, to address the main legal issues that affect international sales of goods and their delivery, with a strategic and pragmatic approach. The session will focus on a comparison between the CISG and OHADA Uniform Act with regard to contract law, and the status of the project to reform sales law in the OHADA countries, with the aim of identifying possible differences in regulations, as well of raising awareness of the most topical issues concerning the sale and transport of goods in/from OHADA countries.
The debate will involve highly qualified practitioners from different jurisdictions who will discuss the main practical questions related to the drafting of sale contracts and transport documents, starting with analysis of the most widely used standard forms in international trade, and paying particular attention to the allocation of risk between the contracting parties.
In this context, the aim of the session will be to explore the best practices in drafting effective contract clauses in international sales and transport contracts, and to offer suggestions for choosing evaluation approaches and appropriate tools to be adopted from the perspective of each contracting party, in order to mitigate the numerous risks that may occur in international transactions.