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CISG
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LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference

Summary Records of Meetings of the First Committee

38th meeting

Monday, 7 April 1980, at 3 p.m.

Chairman: Mr. LOEWE (Austria)

The meeting was called to order at 3.05 p.m.

CONSIDERATION OF ARTICLES 1-82 OF THE DRAFT CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS AND OF DRAFT ARTICLE "DECLARATIONS RELATING TO CONTRACTS IN WRITING" IN THE DRAFT PROVISIONS PREPARED BY THE SECRETARY-GENERAL CONCERNING IMPLEMENTATION, DECLARATIONS, RESERVATIONS AND OTHER FINAL CLAUSES FOR THE DRAFT CONVENTION (agenda item 3) (A/CONF.97/5) (continued)

71, 72
Articles 62 and 63 [became CISG article 71 and CISG article 72 ] (continued)
(A/CONF.97/C.1/L.252, L.253)

1. Mr. SAMI (Iraq) proposed that the phrase "if it is reasonable to do so" in the working group's text for article 62(1) [became CISG article 71(1) ] (A/CONF.97/C.1/L.252) should be deleted, because otherwise any party wishing to avoid a contract would be able, by putting forward excuses, to evade its obligation to notify the other party.

2. Mr. WANG Tian ming (China) said that although the amendments proposed by the ad hoc working group would in general make the original text easier to understand, he did not consider the phrase "if it is reasonable to do so" an improvement and therefore supported its deletion. The words "it appears" in the same paragraph were subjective and should be replaced by either "it becomes evident" or "it becomes apparent". His delegation also considered that the phrase "If time allows" at the beginning of the working group's text for article 63(2) [became CISG article 72(2) ] (A/CONF.97/C.1/L.253) might enable one party to find some excuse for not notifying the other. He therefore proposed that it too should be deleted.

3. Mr. SAM (Ghana) proposed that the words "it appears" in the new article 62(1) [became CISG article 71(1) ] should be replaced by "it becomes clear".

4. He also supported the deletion of the phrase "If time allows" at the beginning of the new article 63(2) [became CISG article 72(2) ].

5. Mr. VINDING KRUSE (Denmark) said that he did not think the first phrase in article 63(2) [became CISG article 72(2) ] should be deleted, because a situation could arise in which, owing to lack of time, it would be fair for the seller, for instance, not to give notice before declaring a contract avoided.

6. Mr. SHAFIK (Egypt) supported the deletion of the words "If time allows" in article 62(2) [became CISG article 71(2) ] because they might lead to abuse.

7. Mr. ZIEGEL (Canada) strongly urged the Committee to adopt the text proposed by the ad hoc working group without amendment because it had been the result of intensive discussion and represented a compromise.

8. With regard to the words "it appears" in article 62(1) [became CISG article 71(1) ], he saw little difference between their implications and those of the words "good grounds" in article 64 [became CISG article 73 ].

9. The CHAIRMAN invited the Committee to vote on the Iraqi amendment to delete the phrase "if it is reasonable to do so" in the working group's text for article 62(1) [became CISG article 71(1) ].

10. The amendment was adopted.

11. Mr. KHOO (Singapore) proposed that the first part of article 62(1) [became CISG article 71(1) ] (A/CONF.97/C.1/L.252) should be amended to read "A party may suspend the performance of his obligations if, after the conclusion of the contract, it becomes apparent that the other party . . .".

12. The proposal was adopted.

13. Mrs. FERRARO (Italy) reminded the Committee of her delegation's proposal to revert to the UNCITRAL text of article 62(1) [became CISG article 71(1) ], which it maintained.

14. The CHAIRMAN invited the Committee to vote on the working group's text for article 62(1) [became CISG article 71(1) ], as amended.

15. The working group's text for article 62(1) [became CISG article 71(1) ] (A/CONF.97/C.1/L.252), as amended, was adopted.

16. The CHAIRMAN pointed out that the Italian proposal was no longer pertinent.

17. The CHAIRMAN invited the Committee to vote on the Chinese proposal to delete the words "If time allows" at the beginning of the working group's text for article 63(2) [became CISG article 72(2) ].

18. The proposal was rejected.

19. The CHAIRMAN invited the Committee to vote on the working group's text for article 63(2) and (3) [became CISG article 72(2) and (3) ] (A/CONF.97/C.1/L.253), on the understanding that it might call for some redrafting.

20. The proposed new paragraphs were adopted, subject to possible redrafting.

21. Mr. KHOO (Singapore) pointed out that article 62(1) [became CISG article 71(1) ] used the word "apparent", article 62(2) [became CISG article 71(2) ] the word "evidence" and article 63 [became CISG article 72 ] the word "clear". He could see no difference in the ideas which those words sought to convey and suggested that the same expression should be used throughout.

22. Mr. ROGNLIEN (Norway) supported that view.

23. The CHAIRMAN said that the Drafting Committee might be requested by the plenary to make the text consistent.

73
Article 64 [became CISG article 73 ] (continued)

24. The CHAIRMAN asked whether there were any comments on article 64 [became CISG article 73 ] in the light of the amendments to article 62 and 63 [became CISG article 71 and CISG article 72 ]. If not, he would take it that article 64 [became CISG article 73 ] was to be kept as it stood.

25. It was so decided.

Consideration of the Report of the Committee to the plenary Conference (agenda item 5) (A/CONF.97/C.1/L.215 and Add.1-14 and Add.4/Corr.1 and Add.5/Corr.1)

26. Mr. MICHIDA (Japan), Rapporteur, introduced the Committee's draft report. Votes for and against were recorded in the report except where there had been an overwhelming majority to reject an amendment and the votes had not been counted.

27. Mr. MEDVEDEV (Union of Soviet Socialist Republics) said that as the report was exceptionally detailed, there was not enough time to check that all the texts were in conformity. He hoped, however, that such checking would be done before the report was submitted to the Conference.

28. The CHAIRMAN said that, if there were no objections, he would take it that, subject to an examination to ensure concurrence of the text, the Committee adopted its report to the plenary Conference.

29. It was so decided.

The meeting rose at 4.20 p.m.

Pace Law School Institute of International Commercial Law - Last updated January 29, 1999
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