Matchup of CISG Article 9 with ULIS/ULF Go to Database Directory || Go to CISG Table of Contents || Go to full text of CISG || Go to full text of ULIS || Go to full text of ULF

LEGISLATIVE HISTORY

CISG ANTECEDENTS


     CISG Article 9               ULIS Article 9
  
1. The parties are bound      1. The parties shall be bound 
by any usage to which         by any usage which they 
they have agreed and          expressly or impliedly made 
by any practices which        applicable to their contract and 
they have established         by any practices which they have 
between themselves.           established between themselves. 
 
2. The parties are            2. They shall also be bound by 
considered, unless            usages which reasonable persons 
otherwise agreed, to have     in the same situation as the parties 
impliedly made applicable     usually consider to be applicable 
to their contract or its      to their contract.  In the event of 
formation a usage of which    of conflict with the present Law, 
the parties knew or ought     the usage shall prevail unless 
to have known and which       otherwise agreed by the parties. 
in international trade is  
widely known to, and          3. Where expressions, provisions 
regularly observed by,        or forms of contract commonly 
parties to contracts          used in commercial practices  
of the type involved          are employed, they shall be  
in the particular.            interpreted according to the 
 trade concerned               reasoning usually given to them 
                              in the trade concerned. 
 
SEE ALSO: 
 
ULF Article 13(1).  Usage means any practice or method of 
dealing which reasonable persons in the same situation as the 
parties usually consider to be applicable to the formation of 
their contract. 
 
ULF Article 13(2).  Where expressions, provisions or forms 
of contract commonly used in commercial practices are  
employed, they shall be interpreted according to the meaning 
usually given to them in the trade concerned. 


Comments on the match-up

"Article 9 ULIS deal[s] with [usages] in detail. During the discussions in Vienna, reservations were expressed, particularly by the developing countries. They feared that their own undertakings would be placed at a disadvantage by the application of usages that were unknown by them. In Article 9(2) CISG recognition of usages is therefore restricted to those which are widely known and regularly observed in international trade. . . ." Junge in Commentary on the UN Convention on the International Sale of Goods, Peter Schlechtriem ed. (Oxford 1998) 75-76.


ULIS/ULF experience

The illustrative ULIS/ULF case law referred to below comes from the chapter on CISG Article 9 in Commentary on the UN Convention on the International Sale of Goods, Peter Schlechtriem ed. (Claredon Press: Oxford 1998)

The author of this chapter is Werner Junge, Attorney, Bonn. [Bracketed] material following each case citation identifies the page of his chapter and the footnote he provides. Click here for schedule of abbreviations contained in his case citations.

Experience gained under ULIS/ULF rules on usages

The material we have excerpted pertains only to case law under the Uniform Law that preceded the CISG -- jurisprudence that parties have regarded as relevant because the CISG drafting process commenced with that Law. See the cited chapter of the Schlechtriem Commentary for a comprehensive analysis of CISG Article 9.


Pace Law School Institute of International Commercial Law - Last updated June 22, 1998
Comments/Contributions

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