The cisg-successes and pitfalls

Abstract

The United Nations Convention on Contracts for the International Sale of Goods-the CISG-has now gained worldwide acceptance. Today the CISG has seventy-two member states; nine out of ten leading trade nations being member states. It can be estimated that about seventy to eighty percent of all international sales transactions are potentially governed by the CISG. The Article examines the role of the CISG in international trade practice as well as its influence as a role model for reforming sales law on an international as well as domestic level. It discusses why the CISG can be regarded superior to choosing any domestic sales law. Although the overall advantages of the CISG are now undisputable, there remain several criticisms regarding the application of the CISG to international commercial transactions which still seem to nourish a strong adverse view on the Convention in certain legal systems. Having a closer look at these criticisms, however, reveals that they are in part unfounded as they stem from general misunderstandings and in all other cases appropriate solutions can be developed. Especially, it will be proven that the CISG very well suits the necessities of modern trade, including commodity trade.