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"The first variation is the mere reservation against the extension of CISG to sales where one of the
parties has its place of business in a non-contracting state but is faced with the application of CISG
by virtue of a conflict rule of the court having jurisdiction leading to the application of the law of a
contracting state. For instance, the US, the People's Republic of China, Singapore, the Czech
Republic and Slovakia have used this mere reservation variation.
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"A second variation is the German variation where German courts will not apply Article 1(1)(b) CISG in sales where Article 95 reservation states are involved.
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"A third one is the Dutch variation. Article 2 of the Dutch Implementing CISG Act dated December 18, 1991 request foreign judges in Article 95 reservation states not to apply the Dutch Civil Code provisions on sales (Book 7, Title 1 of the Civil Code) but rather CISG, if Dutch law were to be applicable by virtue of the local conflict rule. This suggestion is of course not binding on foreign courts but by enacting this Dutch solution the legislator has indicated that under Dutch law it prefers a solution which enhances uniformity rather than one that relies on local Dutch law." Philip De Ly, "Sources of International Sales Law: An Eclectic Model", at UNCITRAL -- SIAC Conference on 25 Years United Nations Convention on Contracts for the International Sale of Goods, Singapore (22 September 2005). |
Pace Law School Institute of
International Commercial Law
- Last updated June 9, 2011