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CISG
number


LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference

G. Report of the First Committee
[Outline of committee proceedings]
Document A/CONF.97/11 [Original: English 7 April 1980]

(. . .)

20
Article 18 [became CISG article 20 ]

A. UNCITRAL text [1978 draft]
B. Amendments
C. Proceedings in the First Committee
D. Subsequent proceedings
E. Overview comments

A. UNCITRAL text

1. The text [of the 1978 draft ] of the United Nations Commission on International Trade Law provided as follows:

"Article 18 [became CISG article 20 ]

"(1) A period of time for acceptance fixed by an offeror in a telegram or a letter begins to run from the moment the telegram is handed in for dispatch or from the date shown on the letter or, if no such date is shown, from the date shown on the envelope. A period of time for acceptance fixed by an offeror by telephone, telex or other means of instantaneous communication, begins to run from the moment that the offer reaches the offeree.

"(2) If the notice of acceptance cannot be delivered at the address of the offeror due to an official holiday or a non-business day falling on the last day of the period for acceptance at the place of business of the offeror, the period is extended until the first business day which follows. Official holidays or non-business days occurring during the running of the period of time are included in calculating the period."

[Go to Secretariat Commentary on the above text]

[See also pre-Conference observations and proposals by Governments and International Organizations]

B. Amendments

2. Amendments were submitted to article 18 [became CISG article 20 ] by the United Kingdom (A/CONF.97/C.1/L.62), Bulgaria (A/CONF.97/C.1/L.14) and Egypt (A/CONF.97/C.1/L.93).

3. These amendments were to the following effect:

Paragraph (1).

(i) United Kingdom (A/CONF.97/C.1/L.62):

It is proposed that the words "Unless otherwise stated by the offeror to the offeree" should be inserted before both sentences in paragraph (1) of this article.

[Withdrawn: see Consideration, 5, below.]

(ii) Bulgaria (A/CONF.97/C.1/L.94):

Amend the first sentence of article 18 [became CISG article 20 ], paragraph (1) to read as follows:

"A period of time for acceptance fixed by an offeror in a telegram or letter begins to run from the moment the telegram or letter is handed in for dispatch."

[Withdrawn: see Consideration, 5, below.]

Paragraph (2).

Egypt (A/CONF 97/C.l/L.93):

Amend the last sentence of article 18(2) [became CISG article 20(2) ] to read as follows:

"Official holidays or non-business days occurring during the running of a period of time for acceptance exceeding ten days are included in calculating the period. "

[Withdrawn: see Consideration, 6, below.]

C. Proceedings in the First Committee

(i) Meetings

4. The First Committee considered article 18 [became CISG article 20 ] at its 11th meeting on 18 March 1980 [see also 35th meeting of First Committee].

(ii) Consideration

Paragraph (1).

5. At the 11th meeting, the amendments by the United Kingdom (A/CONF.97/C.1/L.62) and Bulgaria (A/CONF.97/C.1/L.94) were withdrawn, and the UNCITRAL text adopted.

Paragraph (2).

6. At the 11th meeting, the amendment by Egypt (A/CONF.97/C. 1/L.93) was withdrawn, and the UNCITRAL text adopted.

[D. Subsequent Proceedings]

[For subsequent Conference material on the development/approval of the final text of CISG article 20, go to Plenary Conference 7th meeting ]

[E. Overview Comments]

[English translation of report on the significance of the deliberations on this article at the Diplomatic Conference: prepared by Peter Schlechtriem, based on notes taken at the conference and published shortly thereafter]

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Pace Law School Institute of International Commercial Law - Last updated September 8, 2000
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