[For more current case annotated texts by this author, see Bernstein & Lookofsky, Understanding the CISG in Europe, 2d ed. (2003) and Lookofsky, Understanding the CISG in the USA, 2d ed. (2004).]

91. A number of Convention rules refer to a party's 'place of business'.[1] Article l0(a) provides that if a party has more than one place of business, then the relevant place of business is that which has the closest relationship to the contract and its performance.[2] Applying this rule in a case where an Austrian buyer purchased goods from the Swiss branch of a company with headquarters in Liechtenstein (notably: a non-Contracting State), a Swiss court held the contract was governed by the CISG, since it was the Swiss branch which had the closest relationship to the contract and its performance.[3]

Under the rule in Article 10, paragraph (b), if a party does not have a(ny) place of business, reference is to be made to that party's habitual residence. [page 59]