How Do You Mean It, CISG? Applying The CISG More “21st Century”-Way

Glavanits, Judit (2017) How Do You Mean It, CISG? Applying The CISG More “21st Century”-Way. In: Modernizing International Trade Law to Support Innovation and Sustainable Development, 2017.07.04-2017.07.06, Vienna.

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Abstract

In December 2015 a very thought-provoking conference took place in Zagreb under the egis of the Zagreb University and the UNCITRAL. The national reporters’ scientific results on the national use of the CISG rules showed that the expectation of “autonomous interpretation” based on CISG Article 7 is still a thing to work on. Admitting that the CISG is one of the most successful “product” of the UNCITRAL, and being aware of the fact that a possible modification of the text is almost impossible under the recent circumstances, the experts should work on alternative ways to move towards a better understanding of the text and improve global jurisdiction. The Hungarian result showed that a great obstacle is the unawareness of the international case law among the national judges (not talking about arbitrators here!), so in 2016 the Széchenyi István University announced a program with the support of the Ministry of Justice to ease the uniform interpretation. This program is focusing on the problematic issues and articles of the CISG (remedies, interest, fundamental breach, notification in time), and the goal is to work as a model for counties who are facing with the same problems.

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