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CISG
number


LEGISLATIVE HISTORY
1980 Vienna Diplomatic Conference

H. Report of the Second Committee
[Outline of committee proceedings]
Document A/CONF.97/12 [Original: English 1 April 1980]

(. . .)

94
Article [C] [became CISG article 94 ] Declaration of Non-application of the Convention

A. Text by the Secretary-General

1. The text prepared by the Secretary-General provided as follows:

"Article C [became CISG article 94 ] -- Declaration of non-application of Convention

"(1) A Contracting State may at any time declare that the Convention does not apply to the formation of contracts of sale or to contracts of sale between a party having a place of business in that State and a party having a place of business in another State because the two States apply to matters governed by this Convention the same or closely related rules.

"(2) If that other State is a Contracting State, such declarations shall be made jointly by the two Contracting States or by reciprocal unilateral declarations."

B. Amendments

2. Amendments to the article on Declaration of non-application of the Convention were submitted by the ad hoc working group composed of Canada, Finland, France and the Netherlands (A/CONF.97/C.2/L.10) and by the Netherlands (A/CONF.97/C.2/L.23).

3. These amendments were to the following effect:

(a) The amendment by the ad hoc working group proposed new wording for paragraphs 1 and 2 and added a new paragraph 3.

"(1) Two or more Contracting States which have the same or closely related legal rules on matters governed by this Convention may at any time declare that the Convention does not apply to contracts of sale or to their formation where the parties have their places of business in those States. Such declarations may be made jointly or by reciprocal unilateral declarations.

"(2) A Contracting State which has the same or closely related legal rules on matters governed by this Convention as one or more non-contracting States may at any time declare that the Convention does not apply to contracts of sale or to their formation where the parties have their places of business in those States.

"(3) If a State which is the object of a declaration made under paragraph (2) of this article subsequently ratifies, accedes to, or approves of the present Convention, the declaration shall remain in effect unless the ratifying, acceding or approving State declares that it cannot accept it."

[Adopted as to paragraphs I and 2; rejected as to paragraph 3: see Consideration, 5, below.]

(b) The amendment by the Netherlands (A/CONF.97/C.2/L.23) proposed a new paragraph 3 which would read as follows:

"(3) If a State which is the object of a declaration under paragraph (2) of this article subsequently becomes a Contracting State, the declaration made will, as from the date on which the Convention enters into force in respect of the new Contracting State, have the effect of a declaration made under paragraph (1)."

[Adopted as amended: see Consideration, 5, below.]

C. Proceedings in the Second Committee

(i) Meetings

4. The Second Committee considered Article C at its [3rd meeting, 4th meeting and 5th meeting] on 17, 20, 24 and 25 March 1980.

(ii) Consideration

5. At its 1st meeting the Second Committee established an ad hoc working group composed of Canada, Finland, France and the Netherlands. At the 3rd meeting the proposal of the ad hoc working group (A/CONF.97/C.2/L.10) was studied and paragraphs 1 and 2 of the proposal were adopted. At the 5th meeting, the new text of paragraph 3 proposed by the Netherlands (A/CONF.97/C.2/L.23) was adopted as amended orally following a statement by the Secretariat.

ARTICLE [C bis] PROPOSAL BY AUSTRALIA WITH RESPECT TO "DECLARATION OF APPLICATION"

A. Text submitted by Australia

1. The text submitted by Australia for a new article C bis [designed to change the provision that became CISG article 1] (A/CONF.97/C.2/L.3) provided as follows:

A Contracting State may, at the time of signature, ratification or accession, make a declaration that it will apply the Convention only where the parties have chosen the Convention as the law governing the formation and interpretation of their contract."

B. Amendments

2. No amendments to this proposal were submitted.

C. Proceedings in the Second Committee

(i) Meetings

3. The 2nd Committee considered Article C bis by Australia at its [1st meeting and 2nd meeting] on 17 and 18 March 1980.

(ii) Consideration

4. At its 2nd meeting, the Committee rejected Article C bis proposed by Australia.

ARTICLE [C bis AND C ter] PROPOSAL BY CZECHOSLOVAKIA

A. Text Submitted by Czechoslovakia

1. The text submitted by Czechoslovakia for two new articles (A/CONF.97/C.2/L.7) and described as C bis and C ter by the Chairman provided as follows:

"Any State may declare, at the time of the deposit of its instrument of ratification or accession, that it will apply the Convention only to contracts of sale of goods between parties having their places of business in different Contracting States."

"Any State may declare, at the time of the deposit of its instrument of ratification or accession, that it will apply article 8 [became CISG article 9 ] paragraph (2) only if a usage is not contrary to the Convention."

B. Amendments

2. No amendments to this proposal were submitted.

Proceedings in the Second Committee

(i) Meetings

3. The Second Committee considered Articles C bis and C ter proposed by Czechoslovakia at its 2nd meeting on 18 March 1980.

(ii) Consideration

4. At its 2nd meeting, the Committee rejected Article C bis and C ter proposed by Czechoslovakia.

[D. Subsequent Proceedings]

[For subsequent Conference material on the development/approval of the final text of CISG article 94, go to Plenary Conference 11th meeting]

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Pace Law School Institute of International Commercial Law - Last updated May 17, 1999
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