The Position of the CISG and International Practice in the Legal System of China

Date & Time: March 25, 2026 (Wednesday) 13:30-14:30

Venue: Room 723, 7/F Cheng Yu Tung Tower, The University of Hong Kong

Language: English

(In-person Event)  

Abstract:

Nexperia’s suspension of wafer supplies to China has triggered worries of production stoppages among automakers worldwide. This incident has highlighted the need to strengthen and safeguard China’s legal framework concerning international sale of goods contract (ISGC). Following the enactment of the Civil Code in 2021, the Chinese legal system no longer contains explicit statutory provisions on the application of international treaties and practices in ISGC domain. This development has generated extensive debate in academic circles. Scholars observed that the United Nations Convention on Contracts for the International Sale of Goods (CISG) is less frequently used as legal basis in foreign-related commercial trials in China. This situation contradicts China’s obligations under the CISG. To address this issue, in December 2023 the Supreme People’s Court of China issued judicial interpretations and typical cases to instruct the judges hearing foreign-related civil and commercial matters to apply the CISG with priority and place international practice in a supplemental place. Nevertheless, the legal grounds for the prioritization of the CISG and the usage of the international practice in ISGC cases by Chinese courts remains insufficiently.

Speaker:

Byron Xu is a PhD candidate at the Law School of the University of Auckland. He was a practicing lawyer in Shanghai. He is appointed as a Visiting Research Associate in the Faculty of Law of the University of Hong Kong. His doctoral dissertation primarily focuses on the contract rescission issue in international sale of goods contract in China. It provides an in-depth examination of legal issues including the legal framework of ISGC in China, contract rescission regime under the Chinese Civil Code and the CISG. He devotes himself to the intensive study of contract law, while maintaining wide-ranging interests across private law. He is passionate about engaging in academic discussions and exchanges with scholars worldwide.

Moderator:

Prof. Hui Jing, Associate Professor and Deputy Director of the Philip K. H. Wong Centre for Chinese Law, The University of Hong Kong

This is an in-person event. Prior registration is required. Please visit https://bit.ly/4ruqzxc to register. For inquiries, please email Louisa at .

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