Article 893 Cases (1) For the purposes of this Convention statements made by and other conduct of a party are to be interpreted according to his intent where the other party knew or could not have been unaware what that intent was.

(2) If the preceding paragraph is not applicable, statements made by and other conduct of a party are to be interpreted according to the understanding that a reasonable person of the same kind as the other party would have had in the same circumstances.

(3) In determining the intent of a party or the understanding a reasonable person would have had, due consideration is to be given to all relevant circumstances of the case including the negotiations, any practices which the parties have established between themselves, usages and any subsequent conduct of the parties.

Number

Issue

# Cases

Interpretation of statements or other conduct of a party

1.1

According to party's own intent where other party knew of such intent

1.2

Otherwise, according to understanding of reasonable person of same kind in same circumstances

Relevant circumstances for purposes of interpretation

2.1

Negotiations

Country	Date	Court
Arbitral Award	00-00-2003	ICC International Court of Arbitration
Cases: 1
Argentina	20-10-1989	Juzgado Nacional de Primera Instancia en lo Comercial No. 18
Cases: 1
Austria	08-08-2005	Oberlandesgericht Linz
Austria	23-01-2006	Oberlandesgericht Linz
Cases: 2
Belgium	19-09-1995	Tribunal Commercial de Nivelles
Cases: 1
Germany	11-12-1996	Bundesgerichtshof
Cases: 1
Spain	28-04-2004	Audiencia Provincial de Barcelona
Cases: 1
Switzerland	29-02-2016	Cour d'appel Tribunal Cantonal Vaud
Cases: 1
United Kingdom	17-02-2006	Court of Appeal (Civil Division)
United Kingdom	18-12-2006	Court of Appeal (Civil Division)
United Kingdom	01-07-2009	House of Lords
Cases: 3
USA	28-10-1998	U.S. District Court, N.D., Illinois, Eastern Division
USA	09-05-2018	U.S. Court of Appeals, Second Circuit
Cases: 2