"Article 21 can be traced back to Article 9 ULF and adopts the same solution but with a slight clarification." Schlechtriem in Commentary on the UN Convention on the International Sale of Goods, Peter Schlechtriem ed. (Oxford 1998) 149.
CISG Article 21 ULF Article 9
1. A late acceptance is nevertheless 1. If the acceptance is late,
effective as an acceptance if the offeror may nevertheless
without delay the offeror orally consider it to have arrived in
so informs the offeree or due time on condition that he
dispatches a notice to that effect. promptly so informs the
acceptor orally or by dispatch
2. If a letter or other writing of a notice.
containing a late acceptance
shows that it has been sent in 2. If however the acceptance is
such circumstances that if its communicated late, it shall be
transmission had been normal considered to have been
it would have reached the communicated in due time, if the
offeror in due time, the late letter or document which contains
acceptance is effective as an the acceptance shows that it has
acceptance unless, without been sent in such circumstances
delay, the offeror orally that if its transmission had been
informs the offeree that he normal it would have been
considers his offer as having communicated in due time; this
lapsed or dispatches a notice to provision shall not however apply
that effect. if the offeror has promptly
informed the acceptor orally or by
dispatch of a notice that he considers
his offer as having lapsed.
Pace Law School Institute of
International Commercial Law
- Last updated June 18, 1998