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CISG
number


LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference

G. Report of the First Committee
[Outline of committee proceedings]
Document A/CONF.97/11 [Original: English 7 April 1980]

(. . .)

28
Article 26 [became CISG article 28 ]

A. UNCITRAL text [1978 draft]
B. Amendments
C. Proceedings in the First Committee
D. Subsequent proceedings
E. Overview comments

A. UNCITRAL text

1. The text of [1978 draft of ] the United Nations Commission on International Trade Law provided as follows:

"Article 26 [became CISG article 28 ]

"If, in accordance with the provisions of this Convention, one party is entitled to require performance of any obligation by the other party, a court is not bound to enter a judgement for specific performance unless the court could do so under its own law in respect of similar contracts of sale not governed by this Convention."

B. Amendments

[Go to Secretariat Commentary on the above text]

[See also pre-Conference observations and proposals by Governments and International Organizations]

2. Amendments were submitted to article 26 [became CISG article 28 ] by the United Kingdom (A/CONF.97/C.1/L.113) and United States of America (A/CONF.97/C.1/L.117). The amendments were identical in substance.

3. These amendments were to the following effect:

(i) United Kingdom (A/CONF.97/C.1/L.113):

It is proposed that the word "would" be substituted for the word "could" in this article.

[Adopted: see Consideration, 5, below.]

(ii) United States of America (A/CONF.97/C.1/L.117):

"If, in accordance with the provisions of this Convention, one party is entitled to require performance of any obligation by the other party, a court is not bound to enter a judgement for specific performance unless the court would do so under its own law in respect of similar contracts of sale not governed by this Convention."

[Adopted: see Consideration, 5, below.]

C. Proceedings in the First Committee

(i) Meetings

4. The First Committee considered article 26 [became CISG article 28 ] at its 13th meeting on 19 March 1980 [see also 36th meeting of First Committee].

(ii) Consideration

5. At the 13th meeting, the amendments by the United Kingdom (A/CONF.97/C.1/L.113), and the United States of America (A/CONF.97/C.1/L.117), which were identical in substance, were adopted by a vote of 26 in favour, 10 against, and the UNCITRAL text adopted, subject to these amendments.

[D. Subsequent Proceedings]

[For subsequent Conference material on the development/approval of the final text of CISG article 28, go to Plenary Conference 7th meeting]

[E. Overview Comments]

[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]

(. . .)

Pace Law School Institute of International Commercial Law - Last updated October 11, 2000
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