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CISG
number


LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference

H. Report of the Second Committee
[Outline of committee proceedings]
Document A/CONF.97/12 [Original: English 1 April 1980]

(. . .)

90
Article [D] [became CISG article 90 ] Relationship with Conventions Containing Provisions Dealing with Matters Governed by this Convention

A. Text by the Secretary-General

1. The text prepared by the Secretary-General provided as follows:

"Article D [became CISG article 90 ] -- Relationship with Conventions containing provisions dealing with matters governed by this Convention

"This Convention shall not prevail over conventions already entered into or which may be entered into, and which contain provisions concerning the matters governed by this Convention, provided that the offeror and offeree or seller and buyer as the case may be have their places of business in States parties to such a convention."

B. Amendments

2. An amendment was submitted to the article on "Relationship with Conventions containing provisions dealing with matters governed by this Convention" by the USSR (A/CONF.97/C.2/L.9).

3. This amendment was to the following effect:

Replace the words "over conventions" with the words "over international agreements" and the words "such a convention" with the words "such an agreement."

[Adopted: see Consideration, 5, below.]

C. Proceedings in the Second Committee

(i) Meetings

4. The Second Committee considered the article on "Relationship with Conventions containing provisions dealing with matters governed by this Convention" at its 2nd meeting on 18 March 1980.

(ii) Consideration

5. At its 2nd meeting, the Committee adopted the amendment by the USSR (A/CONF.97/C.2/L.9) as amended orally by Canada to include the word "any" before "international". It rejected an oral amendment by Nigeria to delete Article D.

[D. Subsequent Proceedings]

[For subsequent Conference material on the development/approval of the final text of CISG article 90, go to Plenary Conference 11th meeting]

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Pace Law School Institute of International Commercial Law - Last updated May 17, 1999
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