CISG Rules on Exclusion and Derogation: Article 6

CISG Rules on Exclusion and Derogation: Article 6

Description

The draft Digest comments on Article 6 CISG, not unlike those on other provisions, evidence both the Digest's usefulness and its weaknesses. The former is evidenced by the number of court decisions cited in the draft Digest—court decisions the retrieval of which would otherwise be difficult. Furthermore, the Digest is helpful as it organizes all decisions under appropriate headings, thus making research even easier. With respect to the draft Digest's weaknesses, it is worth mentioning that the most important one is closely related to the aforementioned strength: as the draft Digest cites most, if not all, the decisions that deal with a specific provision, there will be cases where contrasts in case law will emerge. Pursuant to a decision taken by the United Nations Commission on International Trade Law when authorizing the drafting of the Digest, it was not allowed to criticize any decision, not even when decisions are contradictory. Neither is the Digest allowed to point out those cases that are worth being followed. This means, however, that ultimately the draft Digest is not too helpful in guiding the interpreter through the labyrinth of case law which it makes readily available. If one were to look for a guide, one would therefore have to look elsewhere, for instance to comments by legal writers. This is true also in respect of those issues that—albeit linked to the provisions the Digest is concerned with—have not yet arisen in case law, as those matters, too, are beyond the Digest.

Source Publication

The Draft UNCITRAL Digest and Beyond: Cases, Analysis and Unresolved Issues in the U.N. Sales Convention - Papers of the Pittsburgh Conference Organized by the Center of International Legal Education (CILE)

Source Editors/Authors

Franco Ferrari, Harry Flechtner, Ronald A. Brand

Publication Date

2004

CISG Rules on Exclusion and Derogation: Article 6

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