Benjamin Hayward

Dr Benjamin Hayward

Shaping the law

How can countries trade goods without legal disputes? It’s a problem business law and taxation researcher, Dr Benjamin Hayward is working on to ensure no one misses out.

Dr Benjamin Hayward specialises in the intersection of private international law, international commercial arbitration, and the international sale of goods, and has an interest in how lawyers and business people use laws and when legal rules are adopted but not used.

“Legal disputes are part of the risk of doing business, but if the law is clear to people and reasonably uniform around the world, less disputes will arise and when they do, we can easily resolve them,” he says.

From small to large value legal disputes that run into the billions, Dr Benjamin Hayward’s research is solving real and practical business problems and can be applied across a wide range of industries worldwide.

It has also won him the 2020 Monash Business School Dean’s Award for Excellence in Research by an Early Career Researcher.

In a win for Monash Business School’s research strength in global business, Dr Benjamin Hayward’s research was cited in the Hong Kong Department of Justice’s 2020 report on extending the United Nations Convention on Contracts for the International Sale of Goods (‘CISG’).

CISG is a treaty to facilitate cross-border goods trade and currently applies in 93 countries including Australia and Mainland China, but not Hong Kong, where its extension stands to promote and reduce the transaction costs of international trade.

“More trade means more jobs and an increase in people and countries economic wellbeing, which results in a happier and more productive society,” he says.

In line with arguing for better handling of legal disputes and the chance to shape the law, his next submission to CISG will explain how to “tweak the proposal to avoid problems from the outset, rather than when the law is applied later on.”