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Norway

Effective date: 1 August 1989

Declarations and reservations: Norway had filed declarations under Articles 92 and 94. “On 14 April [2014, Norway completed the process to become a party to Part II of the United Nations Convention on Contracts for the International Sale of Goods (CISG), one of the core conventions in international trade law. This action takes effect on 1 November 2014, and, from then on, Norway will apply both CISG Part II, which covers the formation of contracts, and CISG Part III, which covers the obligations of buyers and sellers.” <http://www.unis.unvienna.org/unis/en/pressrels/2014/unisl198.html>

Historical editorial comments (dated pre-April 2014):

"In accordance with article 92, paragraph (1) Norway will not be bound by Part II of this Convention (Formation of the Contract)."

Comments: This is an authorized Article 92 declaration. CISG provisions on Formation of the Contract do not apply if one of the parties to a contract has his relevant place of business in Norway. [See entry on Article 92 for further data on Article 92 declarations.]

In October 2009, the Ministries of Justice of Denmark, Finland and Sweden) announced that their countries would adopt Part II by withdrawing their long-standing Article 92 declaration. Norway is also considering this. By virtue of the six-month rule in Article 97(4), it is unlikely that the States concerned will become true "Part II Contracting States" before 2011, even though Part II sometimes applies to these States. See <http://cisgw3.law.pace.edu/cisg/biblio/lookofsky1.html>.

"With reference to article 94, in respect of Finland and Sweden in accordance with paragraph (1) and otherwise in accordance with paragraph (2) . . . Norway declares that the Convention will not apply where the parties have their places of business in Norway, Denmark, Finland, Iceland or Sweden."

Comments: This is an authorized Article 94 declaration. It restricts the application of CISG in the Nordic countries indicated. [See entry on Article 94 for further data on Article 94 declarations.]

Special considerations applicable to Norway

Norway implemented the CISG in a unique manner, by "transformation" preparing a "consolidated act" including and integrating provisions which in conjunction with domestic rules were meant to reflect the Convention. For a review of Norway's implementation of the CISG pepared by Prof. Kai Krüger of the University of Bergen, go to "International sales under present Norwegian Law" and Concordance: Provisions of CISG 1980 transported to Norwegian Sale of Goods Act [SGA](kjl) 1998-05-13 No 26; see also Joseph Lookofsky, Understanding the CISG in Scandinavia (2d ed. 2002) p. 2, §§ 1-2, 2-2, 2-4, 4-4, 6-4, 6-5 and 6-19; Viggo Hagstrøm, CISG: Implementation in Norway, an approach not advisable, Internationales Handelsrecht (6/2006) 246-248; Marius Sollund, The U.N. Convention on Contracts for the International Sale of Goods, Article 7(1) - The Interpretation of the Convention and the Norwegian Approach, Nordic Journal of Commercial Law, Issue (2007#1) <http://www.njcl.fi/1_2007/article2.pdf>.


Pace Law School Institute of International Commercial Law - Last updated October 10, 2014
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