- U.S. Court of International Trade
- Orbisphere Corp. v. United States
EXCLUSION OF APPLICATION OF CISG - NEED OF EXPRESS EXCLUSION (ART. 6 CISG)
In deciding a case relating to a sales contract concluded in 1983, the court noted in a footnote that for international contracts for the sale of goods between U.S. parties and foreign parties concluded on or after 1 January 1989 , the applicable commercial law is not the Uniform Commercial Code but rather the CISG, unless expressly contracted out of by the parties (Art. 6 CISG).
7. [...] For international contracts for the sale of goods between U.S. parties and foreign parties - which defendant contends the present transactions are - concluded on or after 1 January 1989 , the applicable commercial law is not the U.C.C., but rather, the United Nations Convention on Contracts for the International Sale of Goods [UN Doc. A/Conf./97/18 Annex I (Apr. 10, 1980), GAOR, 33d Session, Supp. 35 (A/35/35) at 217; 52 Fed.Reg. 40, 6262-6280 (Mar. 2, 1987); reprinted in 18 I.L.M. 639-66 (1980)] unless the parties expressly contract out of the Convention's coverage.
Published in English:
- 726 Federal Supplement, 1344 (1990)}}