Transnational Legal Research – Fall 2019

Assignment 3: Private International Law

Instructions

1. Include your name as a running header on your submitted assignment. You assignment should be
saved as Microsoft Word Document with the file name formatted as
LastnameFirstinitiatial_TLR_Assignment#.doc (ex. CappsM_TLR_Assignment1.doc).

2. All answers must be typed. Highlight your answers by typing them in a color other than black.

3. If you describe search queries, offset them by using bold and/or a different color font, rather
placing queries in quotation marks (because quotes have a specific role in terms and connectors
searching).

4. Keep these instructions and the text of the questions as part of your submitted assignment.

5. This assignment is due at noon on Wednesday, September 11th. Upload your completed
assignment via the course page on Brightspace.

6. If you submit your assignment late, you must contact the instructor by email, alerting the
instructor that you have uploaded it to Brightspace. 1 point will be deducted for every 12 hours
an assignment is late, absent instructor permission.
 1. Using organizational websites and digests to research private international law : Locate and
review Article 33 of the UN Convention on Contracts for the International Sale of Goods (CISG)
on the United Nations Commission on International Trade Law (UNCITRAL) website.
.
1.1 Utilizing the Digest of Case Law for CISG available on the UNICTRAL CLOUT
(Case Law on UNCITRAL Texts) website, provide the citation to a case regarding
Article 33, finding that the seller did not breach the contract at issue by providing
goods after a delivery date mentioned during negotiations, but before the contract
was concluded. Then, describe the advantages of utilizing a digest for case research
(both in this instance and more generally). (1 point)

1.2 Is this case available in UNICRTAL’s CLOUT database, and how did you determine
whether it was/was not available? Evaluate usability for the CLOUT database
(search functionality, organization, depth and scope of coverage, etc.). (1 point)

2. Researching investment arbitration award decisions: Using the International Centre for
Settlement of Investment Disputes (ICSID) case database, search for cases in which a decision
was issued regarding annulment of an arbitral award, the instrument invoked in the dispute was a
contract, and for which there is a published award or decision.

2.1 How many such cases did you find? Are they pending, or concluded? Browse the cases you
find, and describe how case materials and decisions are organized and formatted
(PDF/HTML/Word, document type and organizational structure, language, etc.). Describe
any difficulties you have with the database, and beneficial features. (1 point)

2.2 Locate a decision from, or commentary regarding, a case you found in 2.1 using Kluwer
Arbitration.1 Provide the case name and number, plus a citation to the decision, report, or
commentary found in Kluwer (regarding the annulment decision or other aspects of the
matter), and describe your search process. If you are unable to find the these in Kluwer, are
you able to do so via another resource? (1 point)

3. Reflection: In at least one paragraph, but no more than two, assess your research process for the
above questions. (Questions to consider may include: In answering similar questions, could you
be more efficient? Did your research suggest other, more in-depth (or succinct sources)? Did
you identify any relevant sources that were unavailable to you? Could you better track your
research such that a colleague/classmate could replicate it? Did you identify benefits or
drawbacks to utilizing a resource in a particular format (print v. electronic)?....) (1 point)

1
Access Kluwer Arbitration via Databases A-Z, and use your Vanderbilt email address to register individual
credentials for access.