for Albert H. Kritzer CISG Database

of the Institute of International Commercial Law

at Pace University Law School

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Area of Operation of the International Sales Conventions,
László Réczei   * 

Application via Conflicts Rules

Earlier drafts, prior to 1964, would have made the uniform law applicable only when the conflicts rules of the forum selected the law of a signatory State. This formula would have operated as follows: the forum settles the conflict in conformity with its own municipal conflicts law or with rules based upon an international convention; if these select the law of a country signatory to the Convention, recourse would be had to ULIS rather than to its general sales law. Next arises a question of "qualification": was the transaction a sales contract within the purview of ULIS? Naturally this would be decided by reference to ULIS (secondary qualification): if affirmative, the dispute could then be settled on the merits.


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