CISG number
| LEGISLATIVE HISTORY |
10 |
A. UNCITRAL text [1978 draft]
B. Amendments
C. Proceedings in the First Committee
D. Subsequent proceedings
E. Overview comments
1. The text [of the 1978 draft ] of the United Nations Commission on International Trade Law provided as follows:
"Article 9 [became CISG article 10 ]
For the purposes of this Convention:
(b) if a party does not have a place of business, reference is to be made to his habitual residence."
[Go to Secretariat Commentary on the above text]
[See also pre-Conference observations and proposals by Governments and International Organizations]
2. Amendments were submitted by the Federal Republic of Germany (A/CONF.97/C.1/L.18) and Pakistan (A/CONF.97/C.1/L.67).
3. These amendments were to the following effect:
(i) Federal Republic of Germany (A/CONF.97/C.1/L.18):
[Adopted: see Consideration, 5, below.]
(ii) Pakistan (A/CONF.97/C.1 /L.67):
[Withdrawn, subject to the inclusion of a statement in the summary records: see Consideration, 5, below.]
C. Proceedings in the First Committee
(i) Meetings
4. The First Committee considered this article at its 7th meeting on 14 March 1980 [see also 35th meeting of First Committee].
(ii) Consideration
5. At the 7th meeting, the amendment by Pakistan (A/CONF.97/C.1/L.67) was withdrawn subject to a statement being included in the summary records of Committee I, that in the understanding of the Committee, the term "party" included a state agency participating in international trade. The amendment by the Federal Republic of Germany (A/CONF.97/C.1/L.18) was adopted, by 36 votes in favour, and none against, and the UNCITRAL text adopted subject to this amendment.
[For subsequent Conference material on the development/approval of the final text of CISG article 10, go to Plenary Conference 6th meeting (continued)]
[English translation of report on the significance of the deliberations on this article at the Diplomatic Conference: prepared by Peter Schlechtriem, based on notes taken at the conference and published shortly thereafter]
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