I. Sphere of Application and General Provisions

The CISG does not govern all contracts, but sets out specific requirements for its application. Since the CISG is an international treaty and thus overrides domestic law it determines its own sphere of application. Consequently, it is in general not only unnecessary but even inadmissible to take recourse to a states international private law in order to determine whether the CISG is applicable. The starting point to determine the CISG’s sphere of application is Art. 1(1):

(1) This Convention applies to contracts of sale of goods between parties whose places of business are in different States:

(a) when the States are Contracting States; or

(b) when the rules of private international law lead to the application of the law of a Contracting State.

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Last modified: Thursday, 22 October 2015, 4:37 PM