Document A/CONF.97/11
[Original: English]
[7 April 1980]
1. Introduction
1. The Conference at its first plenary meeting entrusted the First Committee with the consideration of articles 1 to 82 of the draft Convention on Contracts for the International Sale of Goods (A/CONF.97/5), 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 of the draft Convention (A/CONF.97/6).
2. The present document contains the report of the First Committee to the Conference on its consideration of the draft articles referred to it, and of other proposals made to the First Committee during its deliberations.
B. Election of officers
3. At its second plenary meeting on 10 March 1980, the Conference unanimously elected Mr. R. Loewe (Austria) as Chairman of the First Committee. On 11 March 1980, at the 2nd meeting of the First Committee, Mr. S. Michida (Japan) was elected Rapporteur of the First Committee, and on 12 March 1980 at the 3rd meeting Mr. P. K. Mathanjuki (Kenya) was elected Vice-President.
Meetings, organization of work and structure of this report
(i) Meetings
4. The First Committee held 38 meetings, between 10 March 1980 and 7 April 1980.
(ii) Organization of work
5. At its first meeting on 10 March 1980, the First Committee adopted as its agenda the provisional agenda contained in A/CONF.97/C./L.1.
6. The First Committee proceeded mainly by way of an article-by-article discussion of the draft articles before it and of the amendments to these draft articles submitted by representatives during the Conference. After initial consideration of an article and amendments by the First Committee and subject to the decisions taken on these amendments, the article was referred to the Drafting Committee.
(iii) Plan of this report
7. This report describes the work of the First Committee relating to each article before it, in accordance with the following scheme:
(a) Text of UNCITRAL's draft article;
(b) Texts of amendments, if any, with a brief description of the manner in which they are dealt with;
(c) Proceedings of the First Committee, subdivided as follows:
(i) Meetings
(ii) Consideration of the article
II. Consideration by the First Committee of the draft Convention on Contracts for the International Sale of Goods
ARTICLE 1 [became CISG article 1 ]
A. UNCITRAL text
1. The text [1978 draft of the ] of the United Nations Commission on International Trade Law provided as follows:
"Article 1 [became CISG article 1 ]
"(1) This Convention applies to contracts of sale of goods between parties whose places of business are in different States:
"(a) when the States are Contracting States; or
"(b) when the rules of private international law lead to the application of the law of a Contracting State.
"(2) The fact that the parties have their places of business in different States is to be disregarded whenever this fact does not appear either from the contract or from any dealings between, or from information disclosed by, the parties at any time before or at the conclusion of the contract.
"(3) Neither the nationality of the parties nor the civil or commercial character of the parties or of the contract is to be taken into consideration."
[Go to Secretariat Commentary on the above text]
B. Amendments
2. Amendments were submitted to article 1 [became CISG article 1 ] by the Federal Republic of Germany (A/CONF.97/C.1/L.7 and L.17) and Egypt (A/CONF.97/C.1/L.3).
3. These amendments were to the following effect:
Paragraph (1).
(i) Federal Republic of Germany (A/CONF.97/C.1/L.7):
[Rejected: see Consideration, 5, below.]
(ii) Federal Republic of Germany (A/CONF.97/C.1/L.17):
[Rejected: see Consideration, 5, below.
Paragraph (2).
Egypt (A/CONF.97/C.1/L.3):
[Rejected: see Consideration, 5, below.]
(i) Meetings
4. The First Committee considered article 1 [became CISG article 1 ] at its 1st meeting on 10 March 1980;
(ii) Consideration
5. At the first meeting the amendment by the Federal Republic of Germany (A/CONF.97/C.1/L.7) was rejected by a vote of 7 in favour, 25 against, with 10 abstentions. The amendments by Egypt (A/CONF.97/C.1/L.3) and the Federal Republic of Germany (A/CONF.97/C.1/L.17) were also rejected, and the UNCITRAL text adopted.
ARTICLE 2 [became CISG article 2 ]
A. UNCITRAL text
1. The text [of the 1978 draft ] of the United Nations Commission on International Trade Law provided as follows:
"Article 2 [became CISG article 2 ]
"This Convention does not apply to sales:
"(a) of goods bought for personal, family or household use, unless the seller, at any time before or at the conclusion of the contract, neither knew nor ought to have known that the goods were bought for any such use;
"(b) by auction;
"(c) on execution or otherwise by authority of law;
"(d) of stocks, shares, investment securities, negotiable instruments or money;
"(e) of ships, vessels or aircraft;
"(f) of electricity."
[Go to Secretariat Commentary on the above text]
B. Amendments
2. Amendments were submitted to article 2 [became CISG article 2 ] by Czechoslovakia (A/CONF.97/C.1/L.2), Canada (A/CONF.97/C.1/L.11), India (A/CONF.97/C.1/L.12).
3. These amendments were to the following effect:
Paragraph (a).
Czechoslovakia (A/CONF.97/C.1/L.2):
[Withdrawn: see Consideration, 5, below.]
(i) Canada (A/CONF.97/C.1/L.11):
[Rejected: see Consideration, 6, below.]
(ii) India (A/CONF.97/C.1/L.12):
[Adopted: see Consideration, 7, below.]
(i) Meetings
4. The First Committee considered article 2 [became CISG article 2 ] at its 1st and 2nd meetings.
(ii) Consideration
5. At the 1st meeting, the amendment by Czechoslovakia (A/CONF.97/C.I/L.2) was withdrawn.
6. At the 2nd meeting, the amendment by Canada was rejected by 11 votes in favour, 28 against, with 6 abstentions.
7. At the 2nd meeting, the amendment by India was adopted by 15 votes in favour, 12 against, with 17 abstentions, and the UNCITRAL text adopted subject to this amendment.