Select Page

International Sales of Goods: Vienna Convention on Contract for International sales of Good s, Drafting of International Commercial Contracts

The Vienna Convention on Contracts for the International Sale of Goods (CISG) is an international treaty that governs the formation, validity, and performance of contracts for the sale of goods between parties located in different countries. The CISG was adopted in 1980 by the United Nations Commission on International Trade Law (UNCITRAL), and has been ratified by over 90 countries around the world.

The CISG applies to contracts for the sale of goods between parties whose places of business are in different countries, provided that the countries are signatories to the Convention. The CISG sets out a number of rules governing the formation and interpretation of contracts, the obligations of the seller and the buyer, and the remedies available in the event of breach of contract.

Some of the key provisions of the CISG include:

  • Obligations of the seller: The seller is required to deliver the goods, transfer ownership to the buyer, and ensure that the goods conform to the specifications agreed upon in the contract.

  • Obligations of the buyer: The buyer is required to pay the price for the goods, take delivery of the goods, and cooperate with the seller in the performance of the contract.

  • Remedies for breach of contract: The CISG provides for a range of remedies in the event of breach of contract, including the right to demand delivery of conforming goods, the right to claim damages, and the right to terminate the contract.

In order to ensure that international commercial contracts are drafted in a way that is consistent with the CISG and other relevant laws and regulations, it is important to follow certain best practices for drafting international commercial contracts. Some key considerations include:

  • Clearly defining the scope and purpose of the contract
  • Identifying the parties to the contract and their respective roles and responsibilities
  • Specifying the governing law and jurisdiction for the contract
  • Clearly defining the terms of payment, delivery, and other key aspects of the contract
  • Including appropriate dispute resolution clauses to address any potential conflicts or disputes that may arise during the course of the contract.