Ch.2 The Methodology for Interpretation of the CISG

Subject(s):

Contract — Damages and choice of law — UN Sales Convention and choice of law — UN Sales Convention and damages

This chapter discusses the methodology for interpreting the United Nations Convention on Contracts for the International Sale of Goods (CISG). Before any attempt is made to comment on and interpret the method of awarding damages under the CISG, the interpretive model must be understood. The CISG, in article 7, makes it clear that interpretation must be within the ‘four corners’ of the convention, without recourse to domestic law; that is, interpretation cannot rely on methods or processes that are not contained within the CISG. Thus, article 7 regulates the method by which the CISG is applied internationally. It is the reason domestic courts are interpreting the CISG uniformly and without recourse to domestic law and its methodology.