World-beating essay in commercial law

KATRINA WINSOR, a masters graduate of the Auckland Law School, has become the first New Zealander to win a highly prestigious essay competition in international commercial law.

Her 17,000-word effort earned her $US1000 in the Clive M Schmitthoff Essay Competition, open to students at institutes of higher learning anywhere in the world.

The finalist judge called Winsor’s paper “the best in terms of writing, focus and aim. She manages to get complex points across with a rare simplicity of style, and argues her points persuasively in a strongly subjective and critically analytical framework.”

Winsor said she was incredibly surprised to win “because of the international scope of the competition”. “I was happy that my writing was the best it could be, and I had re-read it and proofed it so many times that I knew I was handing in my best work. I was initially surprised to be shortlisted, and then absolutely thrilled to be named in first place.”

There were many entrants from countries including Germany, Australia, and the United States (where the contest is heavily promoted in universities). It is organised by the Pace Law School’s Institute of International Commercial Law in White Plains, New York together with the Queen Mary, University of London’s Centre for Commercial Law. 

The competition website is regarded as the key resource for anyone researching the United Nations Convention on Contracts for the International Sale of Goods (CISG). Countries that account for more than two-thirds of world trade have signed the convention.

The convention is not well known in New Zealand and is often taught as a complete subject at European and American universities, said Winsor. “I therefore expected that any other candidates would have a much more detailed knowledge in the area, and potentially the ability to write papers with a more comprehensive background.”

Winsor originally submitted the essay, on “The applicability of CISG to govern sales of commodity types of goods”, as her final LLM paper. It took her six weeks to research, write, and edit. She argued that the CISG is as suitable as English law for international commodity sales. “I became aware of just how few New Zealand judgments make reference to the CISG.”

Her essay is due to appear in the Vindobona Journal of International Commercial Law and Arbitration this month.

After completing a BA/LLB(Hons) with a double major in German and Political Studies, Winsor took an LLM specialising in commercial law, graduating in 2009.

Throughout her time at university she worked part-time at Russell McVeagh in litigation and property. Each summer, she clerked in the corporate advisory team, and has been a solicitor in the competition law team since February 2009. For the past three years, she has also tutored at the Law School in torts and equity, and she will continue to tutor torts this year. Her plans, still taking shape, centre on VSA work in Papua New Guinea or PhD study. 

Winsor’s intensive LLM course on the International Sale of Goods, taken by Professor Michael Bridge, provided the impetus for her to enter the competition. “The Pace website was an essential tool while writing my paper for the course, and I noticed the link to the essay competition.” She is also grateful to Dr Rosemary Tobin and Professor Paul Rishworth for their support and encouragement to publish papers.

NZLawyer, 19 March 2010