Article 1 CISG – The Gateway to the CISG
Schwenzer, Pereira and Tripodi (eds) CISG and Latin America: Regional and Global Perspectives Eleven International Publishing, The Hague, 2016) at 379
Victoria University of Wellington Legal Research Paper No. 8/2017
19 Pages Posted: 15 May 2016 Last revised: 22 Feb 2017
Date Written: 2016
Abstract
Although the CISG is the most significant instrument in the move to provide uniform substantive rules for international contracts. This chapter argues that even with the CISG, choice of law analysis is far from obsolete. Article 1 of the CISG provides two principal questions that determine whether the CISG is applicable. The first part of this chapter contains a detailed analysis of different situations in which CISG may or may not apply in litigation according to Article 1. The second part of the paper is dedicated to considering how Article 1 applies in arbitration proceedings. It is important for parties engaging in cross-border trade to be aware of the operation of Article 1 as a gateway to the CISG.
Keywords: CISG, International Ligitation, International Arbitration, Choice of Law
JEL Classification: K00, K12, K10
Suggested Citation: Suggested Citation