Go to Database Directory || Go to Information on other available case data
Search the entire CISG Database (case data + other data)

2,000 cases 7,500 case annotations

Article 32. Shipping Arrangements

TEXT OF ARTICLE 32

(1) If the seller, in accordance with the contract or this Convention, hands the goods over to a carrier and if the goods are not clearly identified to the contract by markings on the goods, by shipping documents or otherwise, the seller must give the buyer notice of the consignment specifying the goods.

(2) If the seller is bound to arrange for carriage of the goods, he must make such contracts as are necessary for carriage to the place fixed by means of transportation appropriate in the circumstances and according to the usual terms for such transportation.

(3) If the seller is not bound to effect insurance in respect of the carriage of the goods, he must, at the buyer's request, provide him with all available information necessary to enable him to effect such insurance.


OUTLINE OF ISSUES

Reproduced with permission of UNCITRAL

32A Obligation to notify of consignment specifying goods (art. 32(1))

32A1 Unless goods are otherwise clearly identified

32B Seller's duties when obliged to arrange for carriage (art. 32(2))

32B1 Transportation appropriate and according to usual terms

32C Information necessary for insurance (art. 32(3))

32D Other issues concerning shipping arrangements


DESCRIPTORS

Delivery ; Carriage of goods ; Identification of goods


CASE ANNOTATIONS: UNCITRAL DIGEST CASES PLUS ADDED CASES

UNCITRAL cites one case in its Digest of Art. 32 case law:
 

* Switzerland 20 February 1997 Bezirksgericht [District Court] Saane 32B1 [translation available]
 

The following additional citations of Art. 32 case law are provided:
 

Switzerland 23 May 2006 Tribunal cantonal [Higher Cantonal Court] Valais (Suits case) [translation available]
 

China 15 September 2005 CIETAC Arbitration Award [CISG 2005/15] (Wool and Wooltop case) 32B ; 32C [translation available]
 

Switzerland 19 August 2003 Tribunal Cantonal [Appellate Court] Valais [translation available]
 

Spain 12 February 2002 Audiencia Provincial [Appellate Court] Barcelona 32B
 

China 18 July 2001 Zhejiang Cixi People’s Court 32B [translation available]

Germany 31 January 2001 Landgericht [District Court] Hamburg
 

Switzerland 26 May 2000 Tribunal cantonal [Appellate Court] Vaud (Asphalt case)
 

China 10 May 1996 CIETAC Arbitration Award [CISG/1996/22] (Hot-rolled steel plates case) 32A [translation available]
 

China 10 March 1995 CIETAC Arbitration Award [CISG/1995/03] (Polyethylene film case) [translation available]
 

Germany 26 September 1990 Landgericht [District Court] Hamburg


UNCITRAL CASE DIGEST

The UNCITRAL Digest of case law on the United
Nations Convention on the International Sale of Goods
[*]

A/CN.9/SER.C/DIGEST/CISG/32 [8 June 2004]
Reproduced with the permission of UNCITRAL

[Text of Article 32
Digest of Article 32 case law
-    Meaning and purpose of the provision
-    Burden of proof]
ARTICLE 32

(1) If the seller, in accordance with the contract or this Convention, hands the goods over to a carrier and if the goods are not clearly identified to the contract by markings on the goods, by shipping documents or otherwise, the seller must give the buyer notice of the consignment specifying the goods.

(2) If the seller is bound to arrange for carriage of the goods, he must make such contracts as are necessary for carriage to the place fixed by means of transportation appropriate in the circumstances and according to the usual terms for such transportation.

(3) If the seller is not bound to effect insurance in respect of the carriage of the goods, he must, at the buyer's request, provide him with all available information necessary to enable him to effect such insurance.

                   

DIGEST OF ARTICLE 32 CASE LAW

Meaning and purpose of the provision

1. Article 32 sets forth further obligations of the seller when the carriage of the goods is involved, in addition to those specified in article 31.

2. The article addresses three situations: If the identification of the goods raises problems while they are in the hands of third persons (carrier) the seller is obliged to enable the buyer to identify the goods (par. 1). When the seller has undertaken to arrange for the carriage of the goods he must act with reasonable care (par. 2); if the buyer needs information in order to insure the goods the seller is obliged to give all necessary help (par. 3).

3. Thus far, there appears to be only one case dealing with this provision,[1] more particularly, with article 32(2). According to this provision, where the seller is bound to arrange for the transport of the goods or part of them, the seller is bound to act with due care and to opt for appropriate means of transportation. The seller, however, is not bound to use a particular means of transportation, unless otherwise agreed. According to the aforementioned court decision, since the buyer was unable to meet the burden of proof evidencing an agreement to transport the goods by truck, the court found that the choice of transportation mode had been left to the seller.[2]

Burden of proof

4. The party asserting an agreement which modifies or specifies the rules of article 32 must prove that such an agreement has been concluded. Failing that article 32 applies.[3]


FOOTNOTES

* The present text was prepared using the full text of the decisions cited in the Case Law on UNCITRAL Texts (CLOUT) abstracts and other citations listed in the footnotes. The abstracts are intended to serve only as summaries of the underlying decisions and may not reflect all the points made in the digest. Readers are advised to consult the full texts of the listed court and arbitral decisions rather than relying solely on the CLOUT abstracts.

[Citations to cisgw3 case presentations have been substituted [in brackets] for the case citations provided in the UNCITRAL Digest. This substitution has been made to facilitate online access to CLOUT abstracts, original texts of court and arbitral decisions, and full text English translations of these texts (available in most but not all cases). For citations UNCITRAL had used, go to <http://www.uncitral.org/english/clout/digest_cisg_e.htm>.]

1. See CLOUT case No. 261 [SWITZERLAND Berzirksgericht [District Court] Sanne 20 February 1997, available online at <http://cisgw3.law.pace.edu/cases/970220s1.html>].

2. Id.

3. Id. (the buyer did not succeed in proving that a transport to Moscow by truck had been agreed upon).


Pace Law School Institute of International Commercial Law - Last updated June 26, 2009
Comments/Contributions