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2012 UNCITRAL Digest of case law on the United Nations Convention on the International Sale of Goods

Digest of Article 89 case law [reproduced with permission of UNCITRAL] [*]

Article 89

The Secretary-General of the United Nations is hereby designated as the depositary for this Convention.

OVERVIEW

1. Consistent with the custom for conventions prepared by the United Nations, article 89 designates the Secretary-General of the United Nations as the depositary. This article does not describe the duties of the Secretary-General; however, the Convention does provide for the functions and obligations of the depositary in other articles, including articles 91(4), 93(2), 97(2) and (4), 99(2) and (6), and 101(1) and (2).

2. The depositary's obligations are also listed in Part VII (Depositaries, Notifications, Corrections and Registration) of the Vienna Convention on the Law of Treaties (1969), articles 76-80. Article 77(1) of the Law of Treaties lists the functions of the depositary.

3. Obligations and functions of the depositary are performed by: Depositary Functions of the Treaty Section, Office of Legal Affairs, United Nations, New York, NY 10017.

4. The depositary has published rectifications of the authentic Arabic and Russian text versions of the Convention.[1]

5. Court decisions and arbitral awards referring to article 89 have not been identified.


NOTES

* This presentation of the UNCITRAL Digest is a slightly modified version of the original UNCITRAL text at <http://www.uncitral.org/pdf/english/clout/CISG-digest-2012-e.pdf>. The following modifications were made by the Institute of International Commercial Law of the Pace University School of Law:

   -    To enhance access to contents by computer search engines, we present in html rather than pdf;
 
   -    To facilitate direct focus on aspects of the Digests of most immediate interest, we inserted linked tables of contents at the outset of most presentations;
 
   -    To support UNCITRAL's recommendation to read more on the cases reported in the Digests, we provide mouse-click access to (i) CLOUT abstracts published by UNCITRAL (and to UNILEX case abstracts and other case abstracts); and also (ii) to full-text English translations of cases with links to original texts of cases, where available, in [bracketed citations] that we have added to UNCITRAL's footnotes; and
 
   -    To enable researchers to themselves keep the case citations provided in the Digests constantly current, we have created a series of tandem documents, UNCITRAL Digest Cases + Added Cases. The new cases and other cases that are cited in these updates are coded in accordance with UNCITRAL's Thesaurus.

1. Depositary notification C.N.862.1998.TREATIES-5 of 19 February 1999 (procès-verbal of rectification of the authentic Arabic text); C.N.233.2000.TREATIES-2 of 27 April 2000 (rectification of the Russian authentic text); and C.N.1075.2000.TREATIES-5 of 1 December 2000 [rectification of the original of the Convention (Arabic authentic text)].


©Pace Law School Institute of International Commercial Law - Last updated July 31, 2012
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