![]() 6 enables parties to exclude the applicability of the CISG in whole or part.Ģ.1 The matter of exclusion is one which is governed by the CISG. Domestic principles of waiver should not be used to determine the parties’ intent to exclude the CISG.ġ.1 The general principle of party autonomy manifest in Art. This applies irrespective of whether or not one or both parties are unaware of the CISG’s applicability.Ħ. During legal proceedings an intent to exclude may not be inferred merely from failure of one or both parties to plead or present arguments based on the CISG. ![]() (ii) choice of the law of a territorial unit of a Contracting State.ĥ. (i) the choice of the law of a Contracting State (b) should not be inferred merely from, for example: Would otherwise be displaced by the CISG’s application. (iii) choice of an expressly specified domestic statute or code where that (ii) choice of the law of a non-Contracting State (a) should be inferred, for example, from: Generally, such a clear intent to exclude: This standard also applies to exclusions during legal proceedings.Ĥ. Such intent should be clearly manifested, whether at the time of conclusion of the contract or at any time thereafter. ![]() The intent of the parties to exclude must be determined in accordance withĪrt. An agreement to exclude the CISG is governed by the rules on contract formation and modification in Arts 11, 14-24, 29 CISG.ģ. ![]() The CISG governs the manner of exclusion. 6 CISG permits parties to agree to exclude its application, at the time of or after the conclusion of the contract.Ģ. Where the CISG is applicable according to Arts 1-3 CISG, the principle of party autonomy expressed in Art. The parties may exclude the application of this Convention. (b) when the rules of private international law lead to the application of the law of a Contracting State. (a) when the States are Contracting States or Vis International Commercial Arbitration Moot competitions.(1) This Convention applies to contracts of sale of goods between parties whose places of business are in different States: He also holds seminars to prepare students for the Willem C. ![]() Since 2008 he serves as the Japanese delegate to UNCITRAL Working Group VI (Security Interests).Īt Hokkaido University, Professor SONO teaches graduate and undergraduate courses on Japanese Civil Law (including contracts, torts, obligations, property, and secured transactions) and International Commercial Law. He is a founding member of the CISG Advisory Council (CISG-AC) since 2001.įrom 2006 to 2008, he served as Counsellor, Civil Affairs Bureau, Ministry of Justice where he was responsible for Japan’s accession to the CISG. Recently, he has been most active in the field of international commercial law, in particular, the CISG. Professor Sono approaches these fields from the perspective of interaction between private ordering and the regulatory function of private law, and also from the perspective of globally or regionally coordinated developments in commercial law. His main fields of research interest lay in contract law (including consumer law) and international commercial law. Before joining the faculty at Hokkaido University in 2004, he taught at Kanazawa University (1994-1998) and Kyushu University (1998-2004). Sono Hiroo, LL.M., University of Michigan Law School, is Professor of Law at Hokkaido University, Japan. ![]()
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