ANNOTATED TEXT OF CISG
Article 94

(2) A Contracting State which has the same or closely related legal rules on matters governed by this Convention as one or more non-Contracting States may at any time declare that the Convention is not to apply to contracts of sale or to their formation where the parties have their places of business in those States.

(3) If a State which is the object of a declaration under the preceding paragraph subsequently becomes a Contracting State, the declaration made will, as from the date on which the Convention enters into force in respect of the new Contracting State, have the effect of a declaration made under paragraph (1), provided that the new Contracting State joins in such declaration or makes a reciprocal unilateral declaration.

Legislative history || Case law || Scholarly writings || Words and phrases

Guide to this article

• UNCITRAL outline of issues present
  
• Editorial analysis of this article with cross-reference to related subjects [not yet available]

• Chronology of development of Article 94 at the 1980 Vienna Diplomatic Conference

• CASES INVOLVING CISG ARTICLE 94
  • Computer list of annotated cases
  • Case annotations plus other data

• For a companion report on CISG case law and other material, go to Unilex: click for description of and link to this excellent service

• Selected monographs and anthologies
• Comments on Article 94 by Peter Winship [U.S.] at 1984 Parker School seminar of the American Association for the Comparative Study of Law: Ch. 1, p. 46

• Comments on Article 94 by Malcolm Evans in 1987 Bianca-Bonell Commentary on the International Sales Law
• Comments on Article 94 by John O. Honnold [U.S.] in the 3rd ed. (1999) of the most frequently cited text on the CISG: Uniform Law for International Sales
• Comments on Article 94 in December 2000 text by Joseph Lookofsky [Denmark / U.S.]
• Citations to materials on this article in other texts (selected texts only)

• Selected law journal articles and other commentaries
• Franco Ferrari [Italy], What Sources of Law for Contracts for the International Sale of Goods? Why One Has to Look Beyond the CISG, 25 International Review of Law and Economics (September 2005) 321-322

• Harry M. Flechtner [U.S.], excerpt from The Several Texts of the CISG in a Decentralized System: Observations on Translations, Reservations and other Challenges to the Uniformity Principle in Article 7(1), 17 Journal of Law and Commerce (1998) 187-217

• Joseph M. Lookofsky [United States/ Denmark], The Scandinavian Experience, Section II. 2 The Scandinavian CISG Declarations (Article 94 Declarations), in: Ferrari ed., Old Issues Revisited in the Light of Recent Experience, Giuffrè (2003) 109-110

• Carolina Saf [Sweden], excerpt from 1999 thesis

• Ulrich G. Schroeter [Germany], Backbone or Backyard of the Convention? The CISG's Final Provisions, in: Camilla B. Andersen / Ulrich G. Schroeter eds., Sharing International Commercial Law across National Boundaries: Festschrift for Albert H. Kritzer on the Occasion of his Eightieth Birthday, Wildy, Simmonds & Hill Publishing (March 2008) 425-469
• Supplementary list of citations to Article 94 commentaries: Unilex citations*

  * Most members of the Autonomous Network of CISG Websites also offer bibliographies. Many are tailored, concentrating on commentaries by authors from or writing on CISG issues of special interest to specific countries or regions; some, e.g. CISG online are general and extensive; some, e.g., CISG-Belgium and CISG-Finland also list commentaries by individual articles of the CISG.

• To identify other relevant commentaries, go to the cisgw3 Bibliography and Bibliography Search Form [final provisions, reservations and declarations are search form entries you may wish to consider]

  Bibliography citations on final provisions

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  * The cisgw3 bibliography contains over 500 pages of citations. Analyzing these listings can pay dividends.

Words, phrases and concepts

• Enderlein & Maskow, "International Sales Law" (Oceana 1992) is a good place to commence words and phrases research. Click for their analysis of words, phrases and concepts in Article 94.