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2008 UNCITRAL Digest of case law on the United Nations Convention on the International Sale of Goods

Digest of Article 22 case law [reproduced with permission of UNCITRAL]

Article 22

An acceptance may be withdrawn if the withdrawal reaches the offeror before or at the same time as the acceptance would have become effective.

OVERVIEW

1. Article 22 provides that an offeree may withdraw its acceptance if the withdrawal reaches the offeror before or at the same time as the acceptance becomes effective. An acceptance is generally effective at the moment it reaches the offeror in accordance with article 18(2) (although in certain circumstances an acceptance by an act is effective when the act is performed, as provided in article 18(3)). Article 24 defines when an acceptance and a withdrawal of an acceptance reaches the offeror. There are no reported cases applying this article.

[See also the overview comments UNCITRAL has prepared to introduce all of the Formation provisions of the CISG (articles 14 through 24). They discuss the following subjects: Permitted Reservations by Contracting States, Exclusivity of Part II, Validity of Contract, Formal Requirements, Incorporating Standard Terms, and Commercial Letters of Confirmation.]


©Pace Law School Institute of International Commercial Law - Last updated June 9, 2009
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