Here Lions Roam: CISG as the Measure of a Claim's Value and Validity and a Debtor's Dischargeability

Amir Shachmurove, an associate at Troutman Sanders LLP and four-time federal law clerk, discusses the interplay of the UCC, the CISG and the Bankruptcy code. The Article discusses the origins and application of both the UCC and the CISG as tools of national and international commerce respectively. It then discusses the particular challenges of using these codes in a bankruptcy setting and how application of one over another can yield a different result. The author settles on the notion that the CISG framework should be applied when determining the value, validity, and dischargeability of certain claims containing international contracts.