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Published in J. Herbots editor / R. Blanpain general editor, International Encyclopaedia of Laws - Contracts, Suppl. 29 (December 2000) 1-192. Reproduced with permission of the publisher Kluwer Law International, The Hague.

[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).]

excerpt from

The 1980 United Nations Convention on Contracts
for the International Sale of Goods

Joseph Lookofsky

Article 33
Time of Delivery

158. Article 33 concerns the time of delivery:

'The seller must deliver the goods: (a) if a date is fixed by or determinable from the contract, on that date; (b) if a period of time is fixed by or determinable from the contract, at any time within that period unless circumstances indicate that the buyer is to choose a date; or (c) in any other case, within a reasonable time after the conclusion of the contract.'

As always in the CISG context, any express contractual provision will take precedence over the supplementary rule.[1] Absent an express provision regarding the date or time period fixed by or determinable from the contract, the CISG default solution as regards the time of delivery is keyed to the familiar, yet elastic 'reasonableness' test, in that the reasonable interests and expectations of both parties must be taken into account.

1. Regarding Article 6, see supra No. 70 et seq. [page 87]

Pace Law School Institute of International Commercial Law - Last updated April 4, 2005