Editor's Note: The UN Convention on Contracts for the International Sale of Goods (CISG) is a treaty applied by numerous countries that is meant to standardize certain contractual terms and remedies for the sale of goods in cross-border transactions.
It applies to contracts for sale of goods between parties whose places of business are in different Contracting States, or when the rules of private international law lead to the application of the law of a Contracting State.
The CISG facilitates international trade by removing legal barriers among state parties (known as "Contracting States") and providing uniform rules that govern most aspects of a commercial transaction, such as contract formation, the means of delivery, parties' obligations, and remedies for breach of contract.
The CISG applies to "contracts of sale of goods" ing to Art. 1(1). It can appear questionable whether a contract is encompassed by the scope of application of the Convention. Particularily, distributorship contracts and software contracts have become prominent examples regarding the subject matter of the CISG.
The CISG stands for the “United Nations Convention on Contracts for the International Sale of Goods”. It is a treaty that has been ratified by 97 countries (including the U.S.) as of the date of this publication and, like Article 2, is intended to provide a uniform set of laws to govern the sale of goods.
The CISG governs contracts for the international sales of goods between private businesses, excluding sales to consumers and sales of services, as well as sales of certain specified types of goods.
The UCC is enforceable in merchant-merchant contracts as well as in merchant-non merchant contracts. The Contracts for the International Sale of Goods (CISG) applies to the sale of goods, amongst parties whose countries have signed the convention.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) entered into force on January 1, 1988 for the 11 contracting parties, including the United States. The United Nations Commission on International Trade Law (UNCITRAL) drafted the CISG.
Top ten tips in drafting and negotiating an international contract Avoiding retaliation claims. The language of the contract. Clear contract prose. Common law versus civil law. Jurisdictional issues. Terms of art. Personnel. In negotiations, expect the unexpected.
The 1980 Vienna Sales Convention (CISG) has currently been adopted by 97 Contracting States. (b) when the rules of private international law lead to the application of the law of a Contracting State.