Issues In CISG Applicable Of Foreign-related Commercial Cases

The United Nations Convention on Contracts for the International Sale of Goods(CISG),as an important international convention,has entered into force since its entry into force,and the conventions and arbitral institutions of various states parties have applied the Convention as a applicable law in a large number of cases to deal with disputes over international sale of goods.China is one of the States parties to the CISG,so the Convention also has a great impact on China's foreign economic and trade.A large number of Chinese businessmen as the main body of the international trade in goods are subject to or should be subject to the adjustment of CISG.To a certain extent,CISG affects the results of foreign-related civil and commercial cases in China's courts and arbitration institutions.However,in the drafting of CISG at the beginning,drafted in order to take into account the concept of contract law the two legal provisions in different,many articles on itself has a certain ambiguity,coupled with the conditions and provisions of the domestic law of all the differences,and as China's second CISG first B and eleventh do retain all courts and arbitration institutions leads to some problems in the application of CISG.There are many problems in the process of applying CISG to foreign-related civil and commercial cases in China.For example,if applicable,it is wrong to exclude CISG and apply it to China's domestic law,and CISG is incorrect,though applicable and unreasonable.In order to improve the understanding of CISG,in the application of the law of the CISGguide further standardized,more accurate and more widely applicable,it is necessary to carry out investigation,research,analysis and put forward the corresponding countermeasures of CISG application in China Commercialaction problems,with a view to China's future in foreign-related civil and commercial disputes for the better in the process of CISG help.Therefore,the choice of analysis to our country court practice of different approaches for CISG,the practice of the court to exclude Convention for different situations were analyzed and classified from the point of view,first of all can be divided into pre agreed and without the prior contract two,the court agreed in advance on the basis of the principle of party autonomy respect the choice of the parties.Without the prior contract to specific analysis of various situations,first,after the agreement for CISG;second,the agreement is not applicable to CISG,namely afterward expressly excluded;third,agreed to the applicable laws;fourth,without agreement,the court will usually according to independent jurisdiction to apply CISG or domestic law as the applicable law to make their own decision.Summary court in China's international trade dispute case,the court applied practice can be seen on the CISG can be divided into the following categories: first,direct application;second,exclude the application of CISG in China,the court to exclude CISG the main reason can be divided into the parties to exclude the default is expressly excluded for CISG,the court excluded and active(usually the parties did not stand in two cases).The specific reasons can be summarized as follows: 1,according to the most closely related principle,China's domestic law is applied;2,one party is a non contracting state,and the court accordingly finds that the application of CISG should be excluded.The following will be a specific analysis and summary of the main situation in the above classification.