The CISG and the unidroit principles of international commercial contracts

Abstract

The UNIDROIT Principles of International Commercial Contracts (PICC) represent a commendable addition to the body of international commercial law. In style and substance, they are in harmony with the United Nations Convention on Contracts for the International Sale of Goods (CISG). Nevertheless, it is questionable that they can provide much assistance to a court or tribunal settling a CISG dispute. That court or tribunal will instead be guided by express provisions of the CISG or by general principles inferred from those provisions. The PICC would be of considerable use if they could supply validity rules – a subject vacated by the CISG - in a CISG matter but there are private international law obstacles to their selection and application outside the field of arbitration.