The Application of the United Nations Convention on Contracts for the International Sale of Goods Uniformity Interpretation Principle in U.S.

Author

Yuqing Nie, Indiana University Maurer School of LawFollow

Date of Award

2018

Document Type

Thesis

Abstract

The United Nations Convention on Contracts for the International Sale of Goods (hereinafter: CISG) plays an increasingly important role in international sale of goods. However, the CISG is not always correctly applied, especially one of its basic principles – the uniform interpretation principle stated in its Article 7(1), which is usually ignored or incorrectly applied in its contracting States.

The CISG requires high-level uniformity, which requires the CISG to be applied autonomously if there involves parties from two CISG contracting States and the contract governing the transaction has no clause specifying other law as the governing law. Additionally, the CISG uniform interpretation principle requires uniform interpretation, with the goal of having different tribunals attribute the same meaning of the CISG texts.

In reality, the CISG uniformity goal is usually unachieved. This paper chooses several typical cases in U.S. and other CISG contracting States to analyze the application of the CISG uniform interpretation principle. Through an analysis of these cases it provides an explanation for the failure and some suggestions for improvements.

Recommended Citation

Nie, Yuqing, "The Application of the United Nations Convention on Contracts for the International Sale of Goods Uniformity Interpretation Principle in U.S." (2018). Maurer Theses and Dissertations. 53.
https://www.repository.law.indiana.edu/etd/53