Should a claim for disgorgement of profits be allowed under Article 74 of the United Nations Convention on Contracts for the International Sale of Goods (CISG)?
Disgorgement of profits is the forced return of the profits that the breaching party gained as a result of their illegal or unethical acts. The CISG, however, does not mention this concept when dealing with damages for breach of contract. The following debate therefore tackles the issue of whether the United Nations Convention on Contracts for the International Sale of Goods can be interpreted in such a way that it should a allow claims for disgorgement of profits.
We invite you to read the persuading arguments of our guest writers for this issue, and decide for yourselves which ones were the most convincing.