Muñoz, Edgardo
Main Affiliation
Preferred name
Muñoz, Edgardo
Official Name
Muñoz López, José Edgardo
ORCID
0000-0001-8745-298X
Researcher ID
T-3404-2018
Scopus Author ID
57203245714
21 results
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Item type:Publication, COVID-19 and related public and private measures as an impediment to perform contracts governed by the CISGhe 1980 UN Convention on the International Sale of Goods ("CISG") contains a provision that governs the consequences of certain events that obstruct the agreed performance of the contract, with no specific reference to domestic law theories such as acts of God, force majeure, or hardship. Pertinently, Article 79 of the CISG relieves a party from paying damages only if the breach of contract was due to an unforeseeable impediment beyond its control.1 This paper addresses the application ofArticle 79 CISG to govern situations oflegal, economic, and factual impediments resulting from COVID- 19 or the public and private measures undertaken to control its spread in society. It also provides some guidelines to determine the existence of COVID-19 related impediments under the purview of Article 79 CISG. It sets out examples of COVID-19 measures implemented by governments and businesses and the common contractual breaches resulting from such measures as well as their legal consequences. The objective of this paper is to promote uniformity in the CISG application and the observance of good faith in international trade pursuant to Article 7 ClSG.8 - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Sports organizations’ duty to protect athletes’ dignity: a universal human rights analysis to comply with the prohibition of non-accidental violence in sports regulations(Springer Science and Business Media LLC, 2025-07-19); 15 - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Unconscious Bias in Arbitration: Case Law and the Path to FairnessThis article examines the impact of unconscious bias in arbitration and, in particular, in arbitrators’ challenges. Through the analysis of recent case law – including the Swiss Sun Yang Case (2020), the ICC Court Monologue Challenge (2023), the English Expert Case (2024) and the French Obituary Case (2023) – it highlights how unconscious bias can shape decision-making, procedural conduct and perceptions of fairness in arbitration. Arbitrators often deny partiality, yet their conduct – such as dismissiveness, unequal favour, or culturally charged remarks – can create reasonable doubts about lack of impartiality and independence, regardless of intent or awareness. While not all instances of unconscious bias warrant disqualification as an arbitrator, this article argues that unconscious bias can be properly addressed through current standards for independence and impartiality in key instruments such as the IBA Guidelines on conflict of interests in international arbitration. Finally, it advocates for bias-mitigation training and diversity to preserve arbitration’s legitimacy.Scopus© Citations 2 18 - Some of the metrics are blocked by yourconsent settings
Item type:Publication, 5 - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Software technology in CISG contractsSoftware technology has changed the way businesses operate and the items traded globally. These advances demand a fast and adequate evolution of the law. This paper supports the view that the CISG is equipped with the rules needed to address recent changes in software technology; it demonstrates how the general legal principles, upon which the CISG is based, may serve to achieve a proper interpretation and supplementation of this uniform sales law. The author submits, for instance, that a dynamic notion of goods, which includes software, can be revealed by considering the parties’ main obligations under the Convention. In addition, he advocates for a modern understanding of CISG terms in order to apply the rules on contract formation to new realities. Finally, he highlights some performance issues that may arise in the sale of software, including specific methods of examination, and of giving notice of any lack of conformity.1Scopus© Citations 6 10 - Some of the metrics are blocked by yourconsent settings
Item type:Publication, Shanghai Lianfu Food Co. Ltd v CSM N. V.—Dispute Arising from a Sale of Goods ContractThe Plaintiff, Shanghai Lianfu Food Co. Ltd., signed the Mynthon Toll Manufacturing Agreement (“the Agreement”) with CSM N.V., the Defendant, on 7 Jan 2002. The Agreement provided that the Plaintiff should supply candies to fulfil the contract between Leaf East Asia Pte. Ltd. (Leaf East, a subsidiary of Defendant) and Dandy Distribution (“Dandy”). The Agreement further provided that, in case the orders from Dandy provided by Defendant were less than 135 tons in 2002, or less than 150 in the upcoming years, the Defendant was entitled to require the Plaintiff to supply goods to buyers other than Dandy to match the difference between the actual amount and target amount. If the gap could not be filled, then the Defendant should compensate the Plaintiff the difference between the net selling price and the direct cost of production for the goods not ordered (packaging, raw materials and direct labour costs). © The Author(s), under exclusive license to Springer-Verlag GmbH, DE, part of Springer Nature 2022.2 - Some of the metrics are blocked by yourconsent settings
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Item type:Publication, El renacimiento del derecho de daños en México. Un análisis comparativoEsta obra brinda un recuento moderno del derecho de la responsabilidad civil extracontractual en México. Los autores abordan los elementos que dan lugar a dicha responsabilidad, los tipos de daños accionables y sus formas de indemnización, disuasión o penalización desde la perspectiva de la doctrina y de la jurisprudencia comparada. La incorporación de los daños punitivos en México es analizada a partir del método funcional del derecho comparado y la teoría de los trasplantes legales. Los autores proponen nuevas formas deentender y mejorar la implementación de esta figura novedosa desde la perspectiva del derecho de torts en el common law y en otras tradiciones jurídicas mixtas.18 - Some of the metrics are blocked by yourconsent settings
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Item type:Publication, Sustainability in Global Supply Chains Under the CISG(2021)55
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