Lisa Spagnolo

Dr

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Biography

Biography

Dr Lisa Spagnolo is a Senior Lecturer in the Faculty of Law at Monash University. Lisa researches in the private international law (with a focus on uniform contract law and choice of law), comparative contract law, law and economics, behavioural economics and property law. She is a Director, Fellow and Co-Founder of the UNCITRAL National Coordination Committee for Australia, a member of the Editorial Board of the Vindobona Journal of International Commercial Law and Arbitration, has served as Expert Advisor to the New York State Bar Association, was Rapporteur for CISG Advisory Council Opinion No 16 and is currently a chief investigator on an ARC Linkage Grant. Lisa is currently ranked in the Top 4% of SSRN authors for all-time downloads.

Before joining Monash, Lisa practiced law at a leading Australian law firm, Minter Ellison, practising in the areas of commercial litigation, insolvency and taxation disputes, and continues to act as a consultant on international commercial law matters. Lisa holds a PhD from Monash University (for which she won the Mollie Holman Medal), and a B. Com and LLB from Deakin University (Dean’s List and Supreme Court Prizes).

Lisa is interested in supervising PhD and Honours students in international uniform and comparative contract law, advocacy issues, arbitration, law and economics and property law.

Publications 

Most of my papers can be freely download here. You can also find me on Google Scholar here

Contribution as CISG Advisory Council Rapporteur

CISG Advisory Council Opinion No 16, ‘Exclusion of the CISG under Art. 6’ (2015), Rapporteur, Dr Lisa Spagnolo, Monash University. Published on the website of the CISG Advisory Council, linked here.

Opinions of the CISG Advisory Council are designed to guide the interpretation of the uniform international sales law (CISG). To this end, it emulates the American Law Institute, which publishes Restatements of the law, designed as highly influential guidance to further the uniform development of the law. The Advisory Council does this on a global scale in relation to the CISG, by issuing Opinions concerning matters on which there are divergent interpretations in different jurisdictions. The writer of each Opinion on behalf of the Council, and author of the Comments is known as the Rapporteur, usually selected from Professors known globally for their expertise on the issue in question. I was Rapporteur for Opinion No 16, which builds upon my earlier work in ‘Iura Novit Curia’ (see below). Opinion No 16 has profoundly impacted on the understanding of courts, tribunals and scholars on the question of how parties may exclude the application of the CISG. It has been cited by influential texts, arbitral tribunals and courts, including the highest court in Switzerland, the Swiss Federal Court.

  • Translated from English, to French, German, Turkish and Spanish, linked here.
  • Reprinted in Schwenzer I (ed), The CISG Advisory Council Opinions (Eleven, 2017). Cited by Swiss Federal Supreme Court (Bundesgericht), 4A_543/2018, 28 May 2019, CISG-online 4463, linked here
  • Cited by Silicon Refractory Anchoring Systems B.V. v. Refrattari Sirc S.r.l., Dutch District Court of the Hague (Rechtbank Den Haag), Netherlands, 19 August 2015, CISG-online 2629, C/09/463597 / HA ZA 14-440, linked here.
  • Cited by Schwenzer I and P Hachem, ‘Article 6’ in I Schwenzer (ed), Schlecthriem & Schwenzer: Commentary on the UN Convention on Contracts for the International Sale of Goods (CISG) (OUP, 4th English edn, 2016), Art. 6, at nn 18, 19, 42, 47, 48, 70, 73, 77, 83 & 88.
  • Cited by Mistelis L, ‘Article 6’ in S Kröll, L Mistelis and MdP Perales Viscasillas (eds), UN Convention on Contracts for the International Sale of Goods (CISG): A Commentary (Beck-Hart-Nomos, 2nd edn, 2018).
  • Cited by Gillette CP and SD Walt, ‘Judicial Refusal to Apply Treaty Law: Domestic Law Limitations on the CISG’s Application’ (2017) 22 Uniform Law Review 452, 466-469 (3 page discussion), 485 (1 page discussion), nn 7, 31, 36, 38-41, 49, 50, 59, 90 (quoting) & 100.

Monograph (with selected citations)

Spagnolo L, CISG Exclusion and Legal Efficiency (Kluwer, 2014). 

This monograph pioneered a new interdisciplinary analysis of international sales law, drawing on statistical analysis, theoretical insights from law and economics, behavioural economics, game theory and sociology, and how these could impact upon the doctrinal analysis of the law.

  • Reviewed in 18 Vindobona Journal of International Commercial Law and Arbitration 191 (2014, by L DiMatteo), linked here.
  • Listed by the George Washington University Law Library as a recommended Treatise on International Contracting, linked here.
  • Cited by Schroeter UG, ‘Reservations and the CISG: The Borderland of Uniform International Sales Law and Treaty Law After Thirty-Five Years’ (2015) 41(1) Brooklyn Journal of International Law 203, at 208 (quoting in text), nn 14, 132, 158, 183, 225 & 230.
  • Cited by Hayward B, B Zeller and CB Andersen, ‘The CISG and the United Kingdom-Exploring Coherency and Private International Law’ (2018) 67 International and Comparative Quarterly 607, at 628 (quoting in text), nn 99 & 164.
  • Cited by Schwenzer I in I Schwenzer (ed), Schlecthriem & Schwenzer: Commentary on the UN Convention on Contracts for the International Sale of Goods (CISG) (OUP, 4th English edn, 2016), at 1507.
  • Cited by Wolff L-C, ‘From a ‘Small Phrase with Big Ambitions’ to a Powerful Driver of Contract Law Unification? – China’s Belt and Road Initiative and the CISG’ (2017) 34 Journal of Contract Law 50, at 62-63 (quoting in text), nn 46, 65 & 128.
  • Cited by Moser G, Rethinking Choice of Law in Cross-Border Sales (Eleven, 2018).
  • Cited by Praštalo B, Uniformity in the Application of the CISG: Analysis of the Problem and Recommendations for the Future (Kluwer, 2020), at 216, nn 686-689, 691-696, 701-705, 706-710, 711-715, 717-725, 726-730 & 735.
  • Cited by Malkawi BH, ‘CISG: The Relation among Cure, Fundamental Breach, and Avoidance’ (2020) Journal of Law, Policy and Globilization 24, at 42, n 9.
  • Cited by Wethmar-Lemmer M, ‘Toepassing van die Weense Koopverdrag via dieinternasionale privaatreg: Artikels 1(1)(b) en 95 van dieCISG - 'n analise van die CISG Advisory CouncilOpinie’ [‘Application of the Vienna Sales Convention via Private International Law: Articles 1(1)(b) of the CISG – An Analysis of the CISG Advisory Council Opinion’] (2016) 49(1) De Jure 58, at 65 (quoting in text), 71 (named in text), nn 37, 43, 69, 70-72, 74 & 79.

Chapters in edited collections (with selected citations)

Spagnolo L, ‘Contractual Interpretation’, in LA DiMatteo, A Janssen, U Magnus & R Schulze (Eds), International Sales Law: Contract, Principles & Practice (forthcoming, Beck-Hart-Nomos, 2nd edn, 2021).

Spagnolo L, ‘The International Dimensions of Australian Contract Law’, in John Eldridge & Tim Pilkington (eds) The Australian Law of Contract in the 21st Century: Debates and Directions (Federation Press, 2021).

Spagnolo L, ‘Unification, Disintegration or Optimization: Purposes of Modern Sales Law’ in D Saidov (Ed.), Research Handbook on International and Comparative Sale of Goods Law (Edward Elgar, 2019).

Spagnolo L, ‘Introduction to Arts 14-24 CISG’, ‘Art. 14’ to ‘Art. 24’ (12 chapters), in P Mankowski (Ed.), Commercial Law, in series edited by M Lehmann and R Schulze (Eds), Commentaries on International and European Business Law (Beck-Hart-Nomos, 2019).

Spagnolo L, ‘Contractual Interpretation’, in LA DiMatteo, A Janssen, U Magnus & R Schulze (Eds), International Sales Law: Contract, Principles & Practice (Beck-Hart-Nomos, 1st edn, 2016).

Spagnolo L, ‘The CISG as Soft Law & Choice of Law: Gōjū Ryū?’ in L. M. DiMatteo (ed.), International Sales Law: A Global Challenge 154 (CUP, 2014).

  • Cited by DiMatteo LA, ‘Future Challenges of International Sales Law” in LA DiMatteo, International Sales Law: A Global Challenge (CUP, 2014), at 730 (named quotes in text), n 35.
  • Cited by Coetzee J, ‘A Pluralist Approach to the Law of International Sales’ (2017) 20(1) Potchefstroom Electronic Law Journal 1, at 28, nn 34, 79-80 & 88, linked here.
  • Cited by Gaviria-Gil JA, ‘El Enigma de la Ausencia de Casos sobre CISG en Colombia’ [‘The Puzzle of the Lack of Columbian Cases on the CISG’] (2015) 26 Revista Colombiana de Derecho Internacional [Columbian Journal of International Law] 249, at 323, n 124.

Spagnolo L, ‘Iura Novit Curia and the CISG: Resolution of the Faux Procedural Black Hole’ in I Schwenzer & L Spagnolo (eds), Towards Uniformity (Eleven, 2011).

This chapter prompted the CISG Advisory Council Opinion No. 16 by highlighting and proposing a novel solution to the discrepancies amongst courts interpreting the effect of agreements to exclude the application of the CISG. It was reproduced in the Private International Law Series as a highly influential work.

  • Reprinted in F Ferrari & C Gillette (eds), International Sales Law, in series edited by S Symeonides, Private International Law Series, Edward Elgar).
  • Reprinted as Spagnolo L, ‘Exclusion by Conduct of Legal Proceedings: Iura Novit Curia and Opting Out of the CISG’, 17 International Trade Law Review 477 (2014) (Festschrift for Bruno Zeller).
  • Cited by Schroeter UG, ‘Empirical Evidence on Courts’, Parties’ and Counsels’ Approach to the CISG (with some Remarks on Professional Liability)’, in LA DiMatteo (ed) International Sales Law: A Global Challenge (CUP, 2014), at nn 37 & 44.
  • Cited by Symeonides S, ‘Private International Law Bibliography 2015: US and Foreign Sources in English’ (2016) 64(2) American Journal of Comparative Law 313, at 325.
  • Cited by Blackaby N and R Chirinos, ‘Consideraciones sobre la aplicación del principio iura novit curia en el arbitraje commercial internacional’ [‘The Application of the Iura Novit Curia Principle in International Commercial Arbitration’] (2013) 6 Anuario Colombiano de Derecho Internacional [Columbian Yearbook of International Law] 77, 93, n 3.
  • Cited by Schwenzer I and P Hachem, ‘Article 6’ in I Schwenzer (ed), Schlecthriem & Schwenzer: Commentary on the UN Convention on Contracts for the International Sale of Goods (CISG) (OUP, 4th English edn, 2016), at 1507, n 79.
  • Cited by Gillette CP and SD Walt, ‘Judicial Refusal to Apply Treaty Law: Domestic Law Limitations on the CISG’s Application’ (2017) 22 Uniform Law Review 452, 461-462 (named in text discussion over 2 pages), 471-2 (quoting in 2 page discussion), 485 (named in text), nn 6, 28, 32, 58, 59, 90 & 101 (quoting).
  • Cited by Grant JM, ‘The CISG Applies When it Says it Does, Even if Nobody Argues It: Why the CISG Should Be Applied Ex Officio in the United States and a Proposed Framework for Judges’ (SSRN, 2015), linked here, at 16-19, 35 (discussion in text over 4 pages with quotes), nn 22, 27, 36, 41 & 42 (quotes), 43, 45, 46, 50 & 87.

Spagnolo L, ‘Legal Pitfalls for Family Businesses: When should the Alarm Bells Start Ringing?’ in L Glassop & D Waddell, Managing the Family Business (Heidelberg, 2005).

Journal articles – peer reviewed (with selected citations)

Spagnolo L, ‘Opening Pandora’s Box: Good Faith & Precontractual Liability in the CISG’, 21(2) Temple International & Comparative Law Journal 261 (2007).

Reprinted as an influential paper in international sales law in a collection designed to encapsulate the best works in the field, this article has been cited extensively in works on comparative contract law, and also in articles published in religion & ethics and economics journals.

  • Reprintedin F Ferrari & C Gillette (eds), International Sales Law, in series edited by S Symeonides, Private International Law Series, Edward Elgar).
  • Shortlisted for Clive M Schmitthoff Prize.
  • Cited by Nottage L, ‘Symposium: Afterthoughts: International Commercial Contracts and Arbitration’ (2010) 17 Australian International Law Journal 197, at n 1.
  • Cited by Ortiz RI, ‘Pre-Contractual Liability’ in LA DiMatteo, A Janssen, U Magnus and R Schulze (eds), International Sales Law: Contract Principles and Practice (Nomos, 2016).
  • Cited by Mankowski P, ‘Article 1’ in P Mankowski (ed), Commercial Law (Beck-Hart-Nomos, 2019), CISG Art. 1.
  • Cited by Schmidt-Kessel M, ‘Introduction to Arts 14-24’ in I Schwenzer (ed), Schlecthriem & Schwenzer: Commentary on the UN Convention on Contracts for the International Sale of Goods (CISG) (OUP, 4th English edn, 2016), Intro. Arts 14-24, at nn 270 & 272.
  • Cited by Schroeter UG, ‘Defining the Borders of Uniform of International Contract Law: The CISG and Remedies for Innocent, Negligent, or Fraudulent Misrepresentation’ (2013) 58 Villanova Law Review 553, at n 99.
  • Cited by Mazzotta F, ‘Good Faith Principle: Vexata Quaestio’ in L DiMatteo (ed), International Sales Law: A Global Challenge (CUP, 2014), at nn 39 & 61.
  • Cited by Boroosan MO, ‘Ordinary Unethical Behavior: Jewish Law, the Duty of Good Faith, and Abusive Return Practices’ (2016) 55(1) Journal of Catholic Legal Studies 141, at n 25.
  • Cited by Aziz MAA and SAS Yusoff, ‘The Enforceability of Culpa in Contrahendo in Malaysia’ (2016) 3 Journal of Education and Social Sciences 79, at 83.Cited by Haeruddin MIM, MAR Mansur, M Mansur, I Thaief and MIW Haeruddin, ‘Keeping up with the CISG: A Case of Indonesia’ (2019) 24 Iran Economic Review 923, at 926 & 933.

Spagnolo L, ‘The Last Outpost: Automatic CISG Opt Outs, Misapplications and the Costs of Ignoring the Vienna Sales Convention for Australian Lawyers’ (2009) 10(1) Melbourne Journal of International Law 141.

This article deals with Australia’s implementation of the CISG, the loss of benefits to business by its misapplication, and helped spur a push to internationalise the law curriculum within Australia. It has been cited by numerous Australian judges, and the Federal Attorney-General.

  • Cited by Federal Attorney General, Discussion Paper: Improving Australia’s Law and Justice Framework: A discussion paper to explore the scope for reforming Australian contract law (2012) 17, 21 nn 33 & 35 linked here.
  • Cited by the Hon. Chief Justice of Australia, Robert French, ‘International Law and Australian Domestic Law’, paper presented at Supreme Court of NSW Annual Conference, 21 August 2009, Hunter Valley, at 6-8 nn 9, 10, 11 & 13, linked here (extensively, discussing over 3 pages), linked here.
  • Cited by the Hon. Justice Paul Finn (Federal Court), ‘Internationalisation or Isolation: The Australian Cul de Sac? The Case of Contract Law’ in M Hiscock and W van Caenegem (eds), The Internationalisation of Law: Legislating, Decision-Making, Practice and Education (Elgar, 2010), reprinted in E Blant and M Harding (eds), Exploring Private Law (CUP, 2010) 145 at 145, 152, nn 3, 59 & 60 (extensively discussing in text).
  • Cited by the Hon. Chief Justice of NSW Supreme Court, Hon JJ Spigelman AC, ‘Contractual Interpretation: A Comparative Perspective’ (2011) 85 Australian Law Journal 412, nn 98, 100.
  • Cited by the Hon. Justice James Douglas (Supreme Court Queensland), Australia’s Role in UNCITRAL, specifically its implementation of UNCITRAL conventions and model laws’, paper presented at Trade Law Forum, University of Queensland, 2 December 2016, at 5 (named and quoting extensively over 1 page), 9-10 (named and quoting extensively over 1½  pages), 12 (named quoting over ¾ page), nn 7, 8, 18, 19 & 21.
  • Cited by Schwenzer I, ‘Divergent Interpretations: Reasons & Solutions’ in LA DiMatteo (ed) International Sales Law: A Global Challenge (CUP, 2014), at nn 12, 23-25, 42, 52 & 71
  • Cited by Anastasi A, B Hayward and SP Brown, ‘An Internationalist Approach to Interpreting Private International Law? Arbitration and Sales Law in Australia’ (2020)  44(1) Melbourne University Law Review 1, at 36 (named in text x 6, adopting my view on effect of implementation in Australia), 37 (named in text), 40 (quoting, named in text), nn 225, 230-232, 233 (discussing), 237, 240, 247-248, 258-259, 292, 319.
  • Cited by Hiscock M, ‘The Internationalisation of Law’, in M Hiscock & W van Caenegem (eds), The Internationalisation of Law: Legislating, Decision-Making, Practice and Education (Elgar, 2010) at 53, n 27.
  • Cited by Keyes M, ‘The Internationalisation of Contract Law’ in Keyes M and T Wilson (eds), Codifying Contract Law: International and Consumer Law Perspectives (Routledge, 2014), at nn 41 & 42.
  • Cited by Schwenzer I and P Hachem, ‘The Application of the CISG in Light of National Law’ (2010) Internationales Handelsrecht 45, at nn 12, 23, 24, 25, 39 & 49.
  • Cited by Nottage L, ‘The Government’s Proposed Review of Australia’s Contract Law: An Interim Positive Response’ in Keyes M and T Wilson (eds), Codifying Contract Law: International and Consumer Law Perspectives (Routledge, 2014), at nn 12, 30 & 60.
  • Cited by Swain W, ‘Contract Codification in Australia: Is It Necessary, Desirable and Possible’ (2014) 36 Sydney Law Review 131 (2014), nn 56, 57.
  • Cited by Schwenzer I and C Kee, 'International Sales Law - The Actual Practice' (2011) 29(3) Penn State International Law Review 425, at n 88.
  • Cited by Liu Q and X Ren, ‘CISG in Chinese courts: The Issue of Applicability’ (2017) 65 American Journal of Comparative Law 873, nn 131 & 135.
  • Cited by Hayward B, B Zeller and CB Andersen, ‘The CISG and the United Kingdom-Exploring Coherency and Private International Law’ (2018) 67 International and Comparative Quarterly 607, at 628 (quote), nn 100 & 165.
  • Cited by Ferrari F, ‘”Heimwärts- und Auswärtsstreben” in der Rechtsprechung zum UN-Kaufrecht’ [‘”Striving Home and Away” in the case of the UN Sales Law’] in U Blaurock and F Maultzsch (eds) Einheitliches Kaufrecht und Vereinheitlichung der Rechtsanwendung [Uniform Sales Law and the Standardization of the Application of the Law] (Nomos, 2017).
  • Cited by Butler P, ‘The Use of the CISG in Domestic Law’ (2011) 3 Belgrade Law Review 7, at 22 (quoting in text), nn 70, 71, 74 & 75.

Spagnolo L, ‘A Glimpse Through the Kaleidoscope: Choices of Law and the CISG’ (2009) 13(1) Vindobona Journal of International Commercial Law and Arbitration 135.

  • Cited by Posner E, ‘The Questionable Basis of the Common European Sales Law: The Role of an Optional Instrument in Jurisdictional Competition (2013) 50 Common Market Law Review 261, at n 27 (quoting).
  • Cited by Vogenauer S, ‘Regulatory Competition through Choice of Contract Law and Choice of Forum in Europe: Theory and Evidence’ (2013) 1 European Review of Private Law 13, at 45 n 117 (extensively, with subheading and section of text named and devoted to discussion of my work).
  • Cited by Schwenzer I, P Hachem and C Kee,Global Sales and Contract Law (OUP, 2012) Ch 5 (over 10 citations).
  • Cited by Akseli NO, ‘Global Secured Transactions Law-Making and National Law Reforms: Quo Vadis Secured Transactions Law?’ in NO Akseli and J Linarelli, The Future of Commercial Law: Ways Forward for Change and Reform (Hart, 2019), at n 47.
  • Cited by Johnson WP, 'Understanding Exclusion of the CISG: A New Paradigm of Determining Party Intent' (2011) 59(1) Buffalo Law Review 213, at n 53.
  • Cited by Schwenzer I and C Kee, 'International Sales Law - The Actual Practice' (2011) 29(3) Penn State International Law Review 425, at nn 27, 47, 48, 51, 65, 67 & 68.
  • Cited by Schroeter UG, ‘Empirical Evidence on Courts’, Parties’ and Counsels’ Approach to the CISG (with some Remarks on Professional Liability)’, in LA DiMatteo (ed) International Sales Law: A Global Challenge (CUP, 2014), at nn 51, 77 & 121.
  • Cited by Ringe W-G, ‘The Law of Assignment in European Contract Law’, in L Gullifer and S Vogenauer (eds), English and European Perspectives on Contract and Commercial Law: Essays in Honour of Hugh Beale (Hart, 2014), at 272.

Spagnolo L, ‘Rats in the Kaleidoscope: Rationality, Irrationality, and the Economics & Psychology of Opting In & Out of the CISG’ (2009) 13(1) Vindobona Journal of International Commercial Law and Arbitration 157.

  • Cited by Schwenzer I, ‘Divergent Interpretations: Reasons & Solutions’ in LA DiMatteo (ed) International Sales Law: A Global Challenge (CUP, 2014), at nn 24 & 89.
  • Cited by Long W, ‘The Reach of the CISG in China: Declarations and Applicability to Hong Kong and Macao’ in I Schwenzer and L Spagnolo (eds), Towards Uniformity (Eleven, 2011), at nn 8 & 17.
  • Cited by Markell DL and RL Glicksman, ‘A Holistic Look at Agency Enforcement’ (2014) 93(1) North Carolina Law Review 1, at n 286 (quoting).

Spagnolo L, ‘Green Eggs & Ham: The CISG, Path Dependence, and the Behavioural Economics of Lawyers’ Choices of Law in International Sales Contracts’ (2010)6(2) Journal of Private International Law 417.

This article is now cited in works by prominent theorists of law and economics and behavioural economists, as well as authors on commercial ethics and private international law, including citation in the Encyclopedia of Private International Law.

  • Cited by Gillette CP and SD Walt, The UN Convention on Contracts for the International Sale of Goods: Theory and Practice (CUP, 2nd edn, 2016), at n 119 (p 66).
  • Cited by Linarelli J, ‘Behavioral Comparative Law: Its Relevance to Global Commercial Law-Making’ in NO Akseli and J Linarelli, The Future of Commercial Law: Ways Forward for Change and Reform (Hart, 2019), at nn 55 & 146.
  • Cited by Teichman D and E Zamir, ‘Nudge Goes International’ (2020) 30(4) European Journal of International Law 1263, at n 38.
  • Cited by Eidenmüller H and J Stark, ‘Behavioural Economics and Private International Law’ (Ch B.4) in J Basedow, G Rühl, F Ferrari and P de Miguel Asensio (eds), Encyclopedia of Private International Law (Elgar, 2017), at 177 (named in text) & 178.
  • Cited by Nottage L, ‘The Government’s Proposed Review of Australia’s Contract Law: An Interim Positive Response’ in Keyes M and T Wilson (eds), Codifying Contract Law: International and Consumer Perspectives (Routledge, 2014), at nn 84, 89 & 130.
  • Cited by Calleros CR, 'Toward Harmonization and Certainty in Choice-of-Law Rules for International Contracts: Should the U.S. Adopt the Equivalent of Rome I' (2010) 28(4) Wisconsin International Law Journal 639, nn 32 & 33 (quoting).
  • Cited by Coyle JF, ‘The Role of the CISG in US Contract Practice: An Empirical Study’ (2016) 38 University of Pennsylvania Journal of International Law 195, at 208 (quoting in text), 231 (named quote in text), nn 115 & 116.
  • Cited by Zamir E and D Teichman, Behavioural Law and Economics (OUP, 2018), at n 197 (p 428).
  • Cited by Kornet N, ‘The Common European Sales Law and the CISG - Complicating or Simplifying the Legal Environment' (2012) 19(1) Maastricht Journal of European andComparative Law 164, nn 17, 20, 21, 24 & 25.
  • Cited by Murphy TH, ‘Redefining Entrepreneurship: A Virtues and Values Perspective’ (2012) 9(1) Journal of Leadership, Accountability and Ethics 11, at 14 (in text) & 17.
  • Cited by Glavantis J, ‘How Do You Mean it, CISG? Applying the CISG More “21st Century” Way’ in UNCITRAL, Modernizing International Trade Law to Support Innovation and Sustainable Development (UNCITRAL, 2017), at 332 (quoting in text), 333-334 (named in text x 3 with ¾ page discussion applying my criteria), 337, n 8, linked here.
  • Cited by Vogenauer S (Oxford Professor of Comparative Law), ‘Regulatory Competition through Choice of Contract Law and Choice of Forum in Europe: Theory and Evidence’ (2013) 1 European Review of Private Law 13, at 23 n 27.

Spagnolo L, ‘Law Wars: Australian Contract Law Reform vs CISG vs CESL’ (2013) 58(4) Villanova Law Review 263.

  • Cited by Brownsword R, ‘After Brexit: Regulatory-Instrumentalism, Coherentism and the English Law of Contract’ (2017) 34 Journal of Contract Law 139, at n 42.
  • Cited by Hunter H, ‘Is the CISG Slowly Becoming Part of the Common Law’ (2018) 35 Journal of Contract Law 1, at n 11.
  • Cited by Viven-Wilksch J, ‘How Long Is Too Long to Determine the Success of a Legal Transplant? International Doctrines and Contract Law in Oceania’ in V Breda (ed) Legal Transplants in East Asia and Oceania (CUP, 2019), at 152 (quoted in text), nn 92, 143 & 144.

Spagnolo L, Book Review:‘“35 Years CISG and Beyond”’ (2016) 20 Vindobona Journal of International Commercial Law & Arbitration 191 (2016).

Spagnolo L, A Monotti, C Lane & S Rodrick, 'The Mysterious s 74(5)' (2020) 28 Australian Property Law Journal 75.  

Submissions

Horrigan B, E Laryea and L Spagnolo, Monash Law’s submission in response to Federal Attorney-General’s Department in discussion paper ‘Improving Australia’s Law and Justice Framework: A discussion paper to explore the scope for reforming Australian contract law’ (2012).

  • Cited by Nottage L, ‘The Government’s Proposed Review of Australia’s Contract Law: An Interim Positive Response’ in Keyes M and T Wilson (eds), Codifying Contract Law: International and Consumer Law Perspectives (Routledge, 2014), at 150-151 (text quoting), nn 84, 85, 115 & 117.
  • Cited by Wilson T, ‘The Challenges of Good Faith in Contract Law Codification’ in Keyes M and T Wilson (eds), Codifying Contract Law: International and Consumer Law Perspectives (Routledge, 2014), at n 2.

Spagnolo L and C Kee, Ad hoc submissions on Electronic Transactions reform, State Attorneys-General (2011). 

Spagnolo L, Submission on Trade Practices Act Reform (2009).

Spagnolo L (co-author), Roundtable Consumer Law Group, Submission on Trade Practices Act Reform (2009).

Reports

Davison M, M Paterson, L Spagnolo and C Henckels, The European Union’s Attempt to Limit the Use of the Term ‘Prosecco’ (Australian Grape & Wine Inc., 2019).

Spagnolo L, CISG Implementation in Asia & the Pacific (Korea Legislation Research Institute, 2013).

Editorships

Schwenzer I and L Spagnolo (eds), The Electronic CISG (Eleven, 2017).

Schwenzer I and L Spagnolo (eds), Growing the CISG (Eleven, 2016).

Schwenzer I and L Spagnolo (eds), Boundaries and Intersections (Eleven, 2014).

Schwenzer I and L Spagnolo (eds), Globalization vs Regionalization (Eleven, 2013).

Schwenzer I and L Spagnolo (eds), State of Play (Eleven, 2012).

Schwenzer I and L Spagnolo (eds), Towards Uniformity (Eleven, 2011).

Selected conference presentations and guest lectures

‘The Purposes of Modern Sales Law”, Research Group on Economic Analysis of International Contracts, Pontifical Catholic University of Paraná, Brazil, 5 February 2021 (invited speaker).

Chaired, ‘CISG@40: The CISG and the Internationalisation of Trade Law in the Past 40 Years’,UNCITRAL National Co-ordination Committee for Australia, 26 October 2020.

‘The Impact of the CISG in Australasia’, New York University, Centre for Transnational Litigation, Arbitration & Commercial Law, 11 September 2020 (invited speaker).

‘Choice of Law, Brexit, Drafting Choice of Law Clauses’, Roundtable, Vienna, 15 April 2019 (invited speaker).

‘The Formalization of Lex Mercatoria in an Uncertain Era’,University of Western Australia, 15 November 2018 (invited speaker).

‘International Sale of Goods and Australian law – Application of the CISG and Incoterms’, Law Council of Australia, Herbert Smith Freehills Sydney, 1 May 2018 (invited speaker).

‘Unification, Disintegration or Optimization: Purposes of Modern Sales Law’, King’s College London, 16 April 2018 (invited speaker). 

‘Incorporation of Standard Terms - Why all the Fuss?’, ELTE University, Budapest, 20 March 2018 (invited speaker).

‘Ethics in International Arbitration’, Federal Court of Australia, National Commercial Law Series, 7 March 2018 (with B Lincoln) (invited speaker).

‘International Sales Law Boot Camp in the Outback’, IBA Conference, Sydney, August 2017 (invited speaker).

‘Politics of Fear in the Global Legal Climate: The Rise of Protectionist Challenges for the Modern Lex Mercatoria’, Middle East Institute National University of Singapore, 29 May 2017 (invited speaker).

‘Trends in Use of CISG’, Inaugural Trade Law Forum, UNCITRAL Regional Centre, Incheon, Korea, 17 May 2016.

‘Plenary Session’, Inaugural Trade Law Forum, UNCITRAL Regional Centre, Incheon, Korea, 16 May 2016.

‘The CISG as a Tool for Market Efficiency’, University of Western Australia, 10 December 2015 (invited speaker).

‘Domestic Courts and International Law’, University of Melbourne, LLM Guest Speaker, 18 June 2015 (invited speaker).

‘Future of Global Contract Law and Australia’, Federal Attorney-General’s Department, Canberra, 29 May 2015 (invited speaker). 

‘The CISG as a Tool to Improve Market Efficiency’, Attorney-General’s Department, Singapore, 24 April 2015 (invited speaker).

‘Economic Analysis of the CISG’, University of Basel,Switzerland, 29 January 2015 (invited speaker).

‘Economics of Choice of Law’, UNSW Law Faculty, 3 June 2014 (invited speaker).

‘Opting Out of the CISG’, Pretoria, South Africa, 27 May 2014 (invited speaker).

‘Fair Contract Law: A Toolkit for International Trade’, Florence, 21-22 October 2013.

‘Choosing a Law: Exclusion of Applicable Law and Application of Otherwise Inapplicable Rules’, Tsinghua University, Beijing, 20 October 2013 (invited speaker).

‘Comparative Contract: Interpretation’, University of Florida, Saint Augusta, Florida, 27-28 September 2013 (invited speaker).

‘Rats in the Kaleidoscope: Rationality, Irrationality, and the Economics & Psychology of Opting In & Out of the CISG’, Vienna, 21-22 March 2013.

‘Comparative Contract’, Expert Group Meeting, UNCITRAL Regional Centre, Seoul, 25-26 February 2013.

'The CISG in Australia', Federal Attorney General’s Department, Canberra, February 2013.

‘Law Wars: Australian Contract Law Reform vs CISG vs CESL’, Villanova Law Review Conference, Philadelphia, USA, 18 January 2013 (invited speaker).

‘Recent Developments in the UNCITRAL Model Law on Electronic Commerce and UN Convention on Contracts for the International Sale of Goods’, National Gallery of Australia, Canberra, 21 September 2012 (invited speaker).

UNCITRAL Workshop, ACICA, Sydney, 27 July 2012 (invited speaker).

‘The CISG as Soft Law & Choice of Law: Gōjū Ryū?’, Gainesville, Florida, USA, 11-12 November 2011 (invited speaker).

‘Iura Novit Curia’, Sao Paulo, Brazil, 3 November 2012 (invited speaker).

‘CISG and New York Law’ (and Panel Chair), New York State Bar Association, International Section Annual Meeting, Sydney, October 2010 (invited speaker).

‘Green Eggs and Ham: The Behaviour and Economics of Lawyer’s Choices of Law in International Sales Contracts’, Canadian Law & Economics Association Conference, 3 October 2009.

Other Contributions

Spagnolo L, Chapter 10 ‘Interpretation’ in Kenneth Yin, Simon Kozlina, Kelly Green, Emmanuel Laryea, Luca Siliquini-Cinelli & Lisa Spagnolo, Australian Contract Law in Context: Cases & Materials (CUP, 2020).

Spagnolo L, Chapter 19 ‘Undue Pressure’ in Kenneth Yin, Simon Kozlina, Kelly Green, Emmanuel Laryea, Luca Siliquini-Cinelli & Lisa Spagnolo, Australian Contract Law in Context: Cases & Materials (CUP, 2020).

Spagnolo L, Chapter 25: ‘Contract in the International Context’ plus International Context sections in Chapters 1-24, in Kenneth Yin, Simon Kozlina, Kelly Green, Emmanuel Laryea, Luca Siliquini-Cinelli & Lisa Spagnolo, Australian Contract Law in Context: Cases & Materials (CUP, 2020).

Spagnolo L, Chapters 1-24, ‘International Context’ sections in Kenneth Yin, Simon Kozlina, Kelly Green, Emmanuel Laryea, Luca Siliquini-Cinelli & Lisa Spagnolo, Australian Contract Law in Context: Cases & Materials (CUP, 2020).

Schwenzer I, C Finkelstein and L Spagnolo, Mock Arbitral Award, ‘ACICA Case No 17/2010, Mediterraneo Engineering Co. v Equatoriana Super Pumps SA’ in L. Barrington, N. Casado Filho & C. Finkelstein (eds), The Danubia Files (Outskirts, 2013)(Festschrift for Prof Bergsten). 

  • Reviewed in184 Deakin Law Review 429 (Hayward B, 2013).

Selected Appointments

Australian National Correspondent, UN Trade Law Branch (UNCITRAL) (appointed by Federal Attorney-General’s Department in 2019).

Co-Founder, Executive Director and Fellow, UNCITRAL National Coordination Committee for Australia.

Curator (Organizer), Inaugural International Trade Law Forum, UNCITRAL Regional Centre for Asia and the Pacific, 2015-2016.

Rapporteur, CISG Advisory Council (2013-2015) (now Special Guest).

Guest Expert Advisor, New York State Bar Association International Section, International Commercial Contracts Committee.

National Correspondent, Global Sales Project, University of Basel.

Reporter to UNCITRAL, UNILEX, Kritzer Pace and CISG-online Websites.

 

Research interests

International commercial law

Comparative contract law

Australian contract law

Law and Economics

Behavioural Economics

Commercial and consumer Contracts

Choice of law and private international law

Good faith

Pre contractual liability

Unconscionability

Property law

Torrens Title System

Restitution

International Commercial Arbitration

Advocacy

 

Monash teaching commitment

Principles of Contract Law (T2) (CE)

Contract B (Sem 2) 

 

External positions

National Correspondent for Australia to UNCITRAL, Attorney-General's Department (Australia)

20 Aug 2019 → …

Director, Fellow, United Nations Co-ordination Committee of Australia (UNCCA)

1 May 2016 → …

Curator (Organizer), Inaugural International Trade Law Forum, UNCITRAL, Regional Centre for Asia and the Pacific

20152016

Rapporteur (and now Special Guest), CISG Advisory Council

2013 → …

Guest Expert Advisor, New York State Bar, International Contracts Section

2010 → …

Network

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