The aim of the thesis is to present a comparative analysis of the legal issues and business models governing international sales between the United Arab Emirates (UAE) and Italy and examine the challenges arising from the difference in the legal systems of the two countries — Italy's adherence to the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UAE’s hybrid legal system, which combines federal civil law with common law principles in its free zones and has not ratified the CISG. The research examines the influence of these differences on the formation of contracts, performance obligations, risk allocation, settlement of disputes, and law compliance in cross-border trade. Based on a comparison of legislative acts, international conventions, judicial procedures, and arbitration practice, the thesis points out significant fields of legal differences and similarities. It focuses on the critical function of strategic contract negotiation, including choice of law provisions and arbitration clauses under the New York Convention, in risk mitigation and enforceability. Along with this, the study examines how Italian and UAE companies are reformulating their business models to meet regulatory concerns and take advantage of emerging economic opportunities, particularly in industries like machinery, luxury, renewable energy and digital technology. The findings of this study reiterate the importance of legislative harmonization, effective mechanisms of settlement for disputes and cultural flexibility in consolidating Italy-UAE trade relations. This thesis brings lessons to lawyers, policy makers, and business executives interested in maximizing bilateral trade relations and accelerating sustainable growth in a globalized marketplace.
COMPARATIVE ANALYSIS OF LEGAL CHALLENGES AND BUSINESS MODELS OF INTERNATIONAL SALES BETWEEN ITALY AND THE UNITED ARAB EMIRATES
HAKOBYAN, AZAT
2024/2025
Abstract
The aim of the thesis is to present a comparative analysis of the legal issues and business models governing international sales between the United Arab Emirates (UAE) and Italy and examine the challenges arising from the difference in the legal systems of the two countries — Italy's adherence to the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UAE’s hybrid legal system, which combines federal civil law with common law principles in its free zones and has not ratified the CISG. The research examines the influence of these differences on the formation of contracts, performance obligations, risk allocation, settlement of disputes, and law compliance in cross-border trade. Based on a comparison of legislative acts, international conventions, judicial procedures, and arbitration practice, the thesis points out significant fields of legal differences and similarities. It focuses on the critical function of strategic contract negotiation, including choice of law provisions and arbitration clauses under the New York Convention, in risk mitigation and enforceability. Along with this, the study examines how Italian and UAE companies are reformulating their business models to meet regulatory concerns and take advantage of emerging economic opportunities, particularly in industries like machinery, luxury, renewable energy and digital technology. The findings of this study reiterate the importance of legislative harmonization, effective mechanisms of settlement for disputes and cultural flexibility in consolidating Italy-UAE trade relations. This thesis brings lessons to lawyers, policy makers, and business executives interested in maximizing bilateral trade relations and accelerating sustainable growth in a globalized marketplace.| File | Dimensione | Formato | |
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https://hdl.handle.net/20.500.14251/3452