Which international body created the Convention of contracts for the International sale of goods CISG )?

Summary of the Legislative History

Summary of the Legislative History

The history of the CISG’s development can be summarised in three stages. These are outlined below, with links to relevant documents.

(1) Working Group: Inspired by the largely unsuccessful International Institute for the Unification of Private Law (UNIDROIT)  Conventions on the Uniform Law on the International Sale of Goods (ULIS) and Uniform Law on the Formation of Contracts for the International Sale of Goods (ULF), from 1970-1977 the Working Group produced two draft Conventions: the 1976 Draft Convention on Sales, which outlined rights and obligations of parties to international sales contracts; and the 1977 Draft Convention on Formation, relating to rules for formation of international sales contracts. During this period, consensus was reached without ever taking a vote.

The following summarises the key points of discussion at each session for the Working Group.

1st session - use of private international law to define the Convention’s scope, trade usages, inspection of goods and general principles of interpretation.

2nd session - former universalist approach to scope under ULIS, exclusion of consumer contracts, definition of fundamental breach, and domestic form requirements.

3rd session - delivery, remedies for non-conformity and notice of breach.

4th session - buyer and seller’s obligations in respect of conformity of goods, third party claims, delivery and remedies for breach including suspension of performance, as well as risk of loss, and payment of price.

5th session - payment of price, relationship between delivery and payment of price, exemptions for non-performance due to impediment, instalment contracts, anticipatory breach, rules for avoidance, damages, preservation of goods and passing of risk.

6th session - usages, time for notice of non-conformity, failure to fix price, exemption from liability for non-performance due to impediment.

7th session - general approaches to formation, and the possibility of including rules on validity.

8th session - applicability, offer and acceptance, revocation of offers, modification.

9th session - interpretation, good faith, rejection of proposed inclusion of rules for mistake.

The manner adopted to the work of the Working Groups proceeded was described by John Honnold, wholed the Commission’s work on the CISG, as follows: “Instead of proposing a draft, the Report[s] would set forth a set of facts at the cross-roads of important decisions . . . Starting with decisions on outcomes or results provided a . . . clearer legislative history" (Honnold, ‘Uniform Laws for International Trade’ (1995) 1 International Trade and Business Law Journal 5-6. The work conducted by the Working Group was completed by September 1977. For access to the Working Group records, see the following: [PACE; UNCITRAL Yearbooks].

(2) Review by UNCITRAL Commission: The full Commission reviewed the two drafts, and decided to combine them, to produce the 1978 Draft Convention on Contracts for International Sale of Goods. See Official Records of the General Assembly, 33rd Session, Supplement No. 17 (A/33/17); chap. II, para. 28), reproduced hereand here. This was unanimously approved by the Commission, which then recommended that the UN General Assembly convene a Diplomatic Conference to consider the draft. The UNCITRAL Secretariat produced a Commentary on the 1978 Draft Convention per UN General Assembly Resolution 33/93, which remains the closest counterpart to an Official Commentary on this Convention.

(3) 1980 Vienna Diplomatic Conference: Delegates were presented with the Secretariat Commentary to the 1978 Draft. Its 5 weeks of deliberations are recorded in the United Nations Conference on Contracts for the International Sale of Goods, Vienna, 10 March-11 April 1980, Official Records, UN Document No. A/CONF. 97/19, which can be accessed here. The Vienna Diplomatic Conference made a large number of relatively minor changes to the 1978 Draft, but few substantial changes: Jacob Ziegel, Report to the Uniform Law Conference of Canada on Convention on Contracts for the International Sale of Goods (July 1980), p. 5. The resultant Convention (CISG), received unanimous approval of the 1980 Vienna Diplomatic Conference, and the Convention was created through the resolution of the UN General Assembly: the Vienna Convention on Contracts for the International Sale of Goods, adopted 10 Apr. 1980, UN

Doc A/CONF.97/18, opened for signature 11 Apr. 1980, 1489 UNTS 3 (entered into force 1 Jan. 1988).

A valuable resource which presents the legislative history of the CISG in orderly fashion is the definitive work by John Honnold, Documentary History of the Uniform Law for International Sales (Kluwer 1989).

Which international body created the Convention of Contracts for the International Sale of Goods CISG )? Quizlet?

Which international body created the Convention of Contracts for the International Sale of Goods (CISG)? Organization for Economic Cooperation and Development.

Who signed the CISG?

CISG: Table of Contracting States.

What is United Nations Convention on Contracts for the International Sale of Goods 1980?

Purpose. The purpose of the CISG is to provide a modern, uniform and fair regime for contracts for the international sale of goods. Thus, the CISG contributes significantly to introducing certainty in commercial exchanges and decreasing transaction costs.

What is the CISG law?

The CISG contains rules governing the making and interpretation of international contracts for the sale of goods. It also provides rules governing obligations and remedies of the parties to such transactions. The CISG does not deprive sellers and buyers of the freedom to mold their contracts to their specifications.