The United Nations Convention on Contracts for the International Sale of Goods (CISG), which came into effect on 1 January 1988, is recognized as one of the most important international conventions in the field of the international sale and purchase of goods.
The CISG is used in commercial arbitration in various countries, but in some countries it may not be applicable. The question then arises of whether and when the CISG is directly applicable to arbitral proceedings.
Not directly applicable
Associate
Yao Liang Law Offices
According to article 1(a) of the CISG, the convention applies to sales contracts entered into between parties whose places of business are in signatory states.
When this is the case, the CISG is “directly” or “automatically” applicable and there is no need for recourse to the rules of private international law.
This is also consistent with the spirit of the United Nations Commission on International Trade Law (UNCITRAL). The UNCITRAL digest of case law states that the CISG should take precedence over the rules of private international law.
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Kevin Cong is an associate in the Shanghai office of Yao Liang Law Offices
701/702 Huaxia Bank Tower
256 Pudong Nan Road
Pudong New Area
Postal code: 200120
Tel: + 86 21 5155 0338
Fax: + 86 21 5155 0051
www.yaolianglaw.com
E-mail:lilla.guo@yaolianglaw.com
