A Study On The Applicable Terms Of CISG In China

United Nations Convention on Contracts for the International Sale of Goods (shortened for: CISG) is the most important convention in the field of international sale of goods, more and more countries willing to be a member of the convention. It has been 26 years since the convention formally take effect in China on January 1,1988. During this period, the court’s and arbitration cases is increasing, which not only reflects the expansion of the economic globalization and the increasing of the trade liberalization, but also reflects the advantage of CISG on handling disputes about contacts for the international sale of goods. It seems more important to interpret the applicable provisions of CISG as the convention being applied generally. Because the convention is not for one country, it is the product of many states based on reaching a negotiated consensus. The court and the arbitration tribunal must combine with their domestic actual situation when they determine to use the convention. In the legislative aspect, the existing law has few relevant to the application of CISG, and the court and the arbitration tribunal applied the convention is not all the same, so we need a unified rule to regulate the application of the convention in our country. Form the perspective of cases, this paper mainly to find out the exact way by analyzing the understanding of the court and the arbitration tribunal, and then expand it.At the beginning of the paper, I choose two different case, one of them is court’s case and the other one is the arbitration case. On one hand they are doing matting for the third part of the paper, on the other hand litigation an arbitration are two different means and it is necessary to discuss them separately. The second part of the paper is talking about six applicable provisions of the convention on the theory. It is a combination of many experts and scholars’ views and the author’s humble opinions. This part expounds the points needing attention though the applicable provisions of the convention. The third part is divided into two pieces, one of them is the understanding of the court about the applicable provisions of CISG, the other one is the understanding of arbitration. The reason in this writing is that the cases can give readers the most intuitive feelings. The last part of the paper is to summarize problems form the practice and put forward a few suggestions. Truly hope the judges and arbitrators have better understanding on the applicable provisions of the convention, hope the court and the arbitration tribunal can make the right choice when they meet the case associated with the convention. At the came time, truly hope our country make the application of the convention in our country unimpeded and make it play the biggest role in the international commercial trade.