SCOPE OF APPLICABILITY OF CISG
ANALYTIC FRAMEWORK
Is the CISG applicable?
Does it apply to the parties to the dispute?
Does dispute involve applicable (i.e. sales) transaction?
Does transaction involve applicable goods?
Is particular element of dispute covered by CISG?
Framework:
Article 6 Party autonomy
Article 7 interpretation of Convention
Article 8.1 mutual intent
Article 8.2 reasonable person
Article 9.1 usage agreed to and practices established by parties
Article 9.2 usages widely practiced in similar dealings
Interpretive Guides
Art 7 provides guidance on interpreting the provisions of the CISG. Art 8 and 9 offers instruction about how to interpret the conduct of parties, including the terms of their contract
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