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CISG
number


LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference

G. Report of the First Committee
[Outline of committee proceedings]
Document A/CONF.97/11 [Original: English 7 April 1980]

(. . .)

1
Article 1 [became CISG article 1 ]

A. UNCITRAL text [1978 draft]
B. Amendments
C. Proceedings in the First Committee
D. Subsequent proceedings
E. Overview comments

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]

[See also pre-Conference observations and proposals by Governments and International Organizations]

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):

Delete paragraph (1), subparagraph (b)

[Rejected: see Consideration, 5, below.]

(ii) Federal Republic of Germany (A/CONF.97/C.1/L.17):

Re-word article 1 [became CISG article 1 ], subparagraph (b) as follows:

"(b) When the rules of private international law, with regard to the contractual rights and duties of the parties, lead to the application of the law of a Contracting State."

[Rejected: see Consideration, 5, below.]

Paragraph (2).

Egypt (A/CONF.97/C.1/L.3):

Delete paragraph (2)

[Rejected: see Consideration, 5, below.]

C. Proceedings in the First Commitee

(i) Meetings

4. The First Committee considered article 1 [became CISG article 1 ] at its 1st meeting on 10 March 1980 [see also 35th meeting of First Committee];

(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.

[D. Subsequent Proceedings]

[For subsequent Conference material on the development/approval of the final text of CISG article 1, go to Plenary Conference 6th meeting (continued); also discussed at Plenary Conference 11th meeting]

[E. Overview Comments]

[English translation of report on the significance of the deliberations on this article at the Diplomatic Conference: prepared by Peter Schlechtriem, based on notes taken at the conference and published shortly thereafter]

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Pace Law School Institute ofInternational Commercial Law - Last updated September 7, 2000
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