LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference

65	Article 61 [became CISG article 65 ]

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 61 [became CISG article 65 ]

"(1) If under the contract the buyer is to specify the form, measurement or other features of the goods and he fails to make such specification either on the date agreed upon or within a reasonable time after receipt of a request from the seller, the seller may, without prejudice to any other rights he may have, make the specification himself in accordance with any requirement of the buyer that may be known to him.

"(2) If the seller makes the specification himself, he must inform the buyer of the details thereof and must fix a reasonable time within which the buyer may make a different specification. If the buyer fails to do so after receipt of such a communication, the specification made by the seller is binding."

[Go to Secretariat Commentary on the above text]

B. Amendments

2. Amendments were submitted to article 61 [became CISG article 65 ] by Iraq (A/CONF.97/C.1/L.110), Pakistan (A/CONF.97/C. 1/L.197) and Kenya (A/CONF.97/C.1/L.219).

3. These amendments were to the following effect:

(i) Iraq (A/CONF.97/C.1/L.110):

(ii) Pakistan (A/CONF.97/C.1/L.197):

(iii) Kenya (A/CONF.97/C.1/L.219):

2. Revise paragraph (2) to read as follows:

C. Proceedings in the First Committee

(i) Meetings

4. The First Committee considered article 61 [became CISG article 65 ] at its 26th meeting on 27 March 1980 [see also 37th meeting of First Committee].

(ii) Consideration

5. At the 26th meeting, the amendment by Iraq (A/CONF.97/C.1/L.110) was withdrawn. The amendment by Pakistan (A/CONF.97/C.1/L.197) was rejected by 9 votes in favour and 22 against. The amendment by Kenya (A/CONF.97/C.1/L.219) relating to paragraph (1) was adopted. With regard to paragraph (2), the amendment by Kenya was rejected as to the insertion of the words "taking into account the nature and circumstances of the case", and adopted and referred to the Drafting Committee, as to the wording "within a reasonable time". The UNCITRAL text was adopted subject to these amendments.

[For subsequent Conference material on the development/approval of the final text of CISG article 65, go to Plenary Conference 8th meeting]

[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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