Why exclude cisg

However, these difficult discussions could to some extent easily be avoided, as there is an international convention, containing provisions applicable to international contracts of sale of goods.

The United Nations Convention on Contracts for the International Sale of Goods , usually referred to as CISG , is somewhat of a global success, and has been adopted by over 90 states throughout the world. It gives businesses from different countries the opportunity to apply provisions on international trade, that are easily accessible to all parties involved. When the convention is applicable, it handles both contractual and trade matters.

That is, if the parties have not agreed to exclude the application of it, which we have noticed is very common. This is of course possible, but not always suitable. GOSoftware, Inc. PMC-Sierra, Inc. District Court N. Empressa Estatal Petroleos de Ecuador, F. Court of Appeals 5th Cir. Beechy Stock Farm Ltd v.

United States, F. Criticizing such cases: Schroeter, supra note 18, at 9. Brumby St. For the minority view, see American Biophysics v. Dubois Marine Specialties, F. Manitou Mineral Water, Inc. Puglisi, U. Contra, upholding the majority view that selection of the law of a territorial unit or province is insufficient, see e. See also Johnson, id. Asante Technologies v. Rotorex Corp. Supreme Court, Hungary, , Gfv. It is evident that in case of civil law relations the parties are referring to the specific law which governs their relation and not to the Hungarian law in general, especially when their contract contains provisions which are not covered by the Convention.

See also, Johnson, supra note 35, at Often overlooked is that a purely domestic transaction; for example, a contract for the sale of goods between two Swiss counterparties with Swiss law governing or between two U. A recent Wilk Auslander Wine and Wisdom event at our offices in Geneva including in-counsel and private practice attorneys from various jurisdictions-U. For example, under U. Any difference between the offer and acceptance will convert the acceptance into a counter-offer which, typically, will be accepted by performance of the contract this is the common law in the U.

Different Languages The provisions of the CISG were drafted to try to avoid using common law or civil law terms because such terms may not exist or be interpreted differently in different languages, in different jurisdictions.