The United Nations Convention on Contracts for the International Sale of Goods (CISG) is a treaty intended to establish a modern, uniform legislation for the international sale of goods. The Convention was prepared by the United Nations Commission on International Trade Law (UNCITRAL) and adopted by a diplomatic conference on 11 April 1980.
The CISG success is evidenced by the fact that nowadays 87 States are a party to the Convention. From Latin America: Argentina, Brasil, Chile, Colombia, Cuba, Ecuador, El Salvador, Honduras, Costa Rica, México, Paraguay, Perú, República Dominicana, Uruguay y Venezuela. Besides, the key trading parties of Guatemala are also parties to the Convention: the United States of America, most of the member States of the European Union, México, Honduras and El Salvador.
The Convention deals with subjects such as: A) the substantive rights and obligations of buyer and seller arising from the contract; B) the rules governing the formation of contracts for the international sale of goods; C) the remedies for the breach of contract. The treaty favours the autonomous will of the contracting parties, due to the fact that they can choose whether or not the Convention is applicable to their contract and also modify its provisions. Moreover, it reduces the high transactions costs associated with contract negotiation and its compliance.
CISG ADVISORY COUNCIL (CISG-AC)
The CISG-AC is a private initiative, meaning that is autonomous and independent of the United Nations Commission on International Commercial Trade Law. It is a private initiative in the sense that its members do not represent countries or legal cultures, but they are scholars who look for a more profound understanding of issues relating to the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG).
Promote a uniform interpretation of the CISG by issuing opinions related to the interpretation and implementation of the CISG, either on a particular request or on its own initiative. The requirements can be presented to the CISG-AC, in particular by international organizations, associations of professionals and by courts of any nature.
Internationality and Uniformity
As an independent body of experts, the group can be critical of judicial or arbitral decisions and awards and can address issues not dealt previously by adjudicating bodies. The Council is guided by the mandate of Article 7 of the Convention, as far as its interpretation and application are concerned: the paramount regard to international character of the Convention and the need to promote uniformity.