Selected Cases by Article & Issues
Article 1642 Cases
(1) This Convention applies to contracts of sale of goods between parties whose places of business are in different States:
(a) when the States are Contracting States; or
(b) when the rules of private international law lead to the application of the law of a Contracting State.
(2) The fact that the parties have their places of business in different States is to be disregarded whenever this fact does not appear either from the contract or from any dealings between, or from information disclosed by, the parties at any time before or at the conclusion of the contract.
(3) Neither the nationality of the parties nor the civil or commercial character of the parties of the contract is to be taken into consideration in determining the application of this Convention.
(a) when the States are Contracting States; or
(b) when the rules of private international law lead to the application of the law of a Contracting State.
(2) The fact that the parties have their places of business in different States is to be disregarded whenever this fact does not appear either from the contract or from any dealings between, or from information disclosed by, the parties at any time before or at the conclusion of the contract.
(3) Neither the nationality of the parties nor the civil or commercial character of the parties of the contract is to be taken into consideration in determining the application of this Convention.
| Number | Issue | # Cases | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| 1 | Material scope of application | 2 | |||||||||
| 1.1 | Contract of sale of goods | 20 | |||||||||
| 1.1.1 | Civil or commercial character of the contract not relevant | 0 | |||||||||
| 1.1.2 | Contracts for the sale of software | 5 | |||||||||
| 1.1.3 | Contracts similar to contract of sale | 1 | |||||||||
| |||||||||||
| 1.1.3.1 | Distributorship agreements | 27 | |||||||||
| 1.1.3.2 | Other cases (barter, counter-trade, works contracts, etc.) | 11 | |||||||||
| 1.2 | Parties with places of business in different States | 48 | |||||||||
| 1.2.1 | Concept of place of business | 3 | |||||||||
| 1.2.2 | Concept of different States | 3 | |||||||||
| 1.2.2.1 | Undisclosed foreign principal | 0 | |||||||||
| 2 | Territorial scope of application | 15 | |||||||||
| 2.1 | Parties situated in Contracting States | 365 | |||||||||
| 2.2 | Application of law of Contracting State based on rules of private international law | 107 | |||||||||
| 2.2.1 | Application of Convention based on choice of parties | 22 | |||||||||
| 2.2.2 | Choice of the law of Contracting State as governing law of contract | 68 | |||||||||
| 3 | Convention as 'lex mercatoria' | 13 | |||||||||
Total Cases in the database 3754