Select Cases by Article & Issues
 Article #  

  (1) In the interpretation of this Convention, regard is to be had to its international character and to the need to promote uniformity in its application and the observance of good faith in international trade.

(2) Questions concerning matters governed by this Convention which are not expressly settled in it are to be settled in conformity with the general principles on which it is based or, in the absence of such principles, in conformity with the law applicable by virtue of the rules of private international law.


Issues       
# Cases
 1 Interpretation of Convention
3
  1.1 Consideration of international character of Convention
22
   1.1.1 Recourse to Convention's legislative history
6
  1.2 Need for uniform application of Convention
20
   1.2.1 Recourse to foreign case law and scholarly writing
45
 2 Gaps in Convention
1
  2.1 Matters governed but not expressly settled by Convention
46
  2.2 Matters excluded from scope of Convention (see art. 4)
10
  2.3 Methods for filling in gaps
3
   2.3.1 Application by analogy of other provisions of Convention
9
   2.3.2 Recourse to general principles of Convention
22
    2.3.2.1 Examples of general principles
Country # Cases  
Arbitral Award 4  
Austria 2  
Finland 1  
France 1  
Germany 3  
Italy 4  
Mexico 1  
Spain 1  
Date Court
21.01.2016 Audiencia Provincial de Girona
Switzerland 5  
Colombia 1  
Poland 1  
24
    2.3.2.2 Recourse to UNIDROIT Principles
24
   2.3.3 Recourse to domestic law
18
    2.3.3.1 Applicable law determined by choice of law rules of forum
21
    2.3.3.2 Applicable choice of law rules in arbitration
2
 3 Concept of good faith in international trade
1
  3.1 Significance of good faith in international trade
2
  3.2 Good faith as aid in interpretation of Convention
8
  3.3 Good faith as a general principle of Convention
16
   3.3.1 Good faith during negotiations
5
   3.3.2 Good faith in interpretation of contract
6
   3.3.3 Good faith in performance of contract
14
Total: 190


all cases related to this article