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 Article #  

  (1) For the purposes of this Convention statements made by and other conduct of a party are to be interpreted according to his intent where the other party knew or could not have been unaware what that intent was.

(2) If the preceding paragraph is not applicable, statements made by and other conduct of a party are to be interpreted according to the understanding that a reasonable person of the same kind as the other party would have had in the same circumstances.

(3) In determining the intent of a party or the understanding a reasonable person would have had, due consideration is to be given to all relevant circumstances of the case including the negotiations, any practices which the parties have established between themselves, usages and any subsequent conduct of the parties.


Issues       
# Cases
 1 Interpretation of statements or other conduct of a party
11
  1.1 According to party's own intent where other party knew of such intent
26
  1.2 Otherwise, according to understanding of reasonable person of same kind in same circumstances
32
 2 Relevant circumstances for purposes of interpretation
Country # Cases  
Arbitral Award 2  
Germany 5  
Netherlands 2  
Switzerland 3  
USA 3  
Date Court
06.04.1998 U.S. District Court, S.D., New York
29.06.1998 U.S. Court of Appeals, 11th Circuit
05.05.2003 U.S. Circuit Court of Appeal (9th Circuit)
New Zealand 1  
16
  2.1 Negotiations
12
  2.2 Practices established between parties
13
  2.3 Subsequent conduct of parties
11
  2.4 Usages
 3 Parol evidence rule
10
 4 Merger clause
5
Total: 88


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