KLRI-UNCITRAL Joint Research : Perspectives and Trends(Ⅵ) CISG Implementation in Asia and the Pacific

Abstract

The United Nations Convention on Contract for the International Sale of Goods (CISG; Vienna Sales Law) has been increasingly adopted throughout the world. This report focuses on its reception within the Asia Pacific region. To this end, the report examines a wide range of matters, including the background of commercial law in the Asian Pacific region; the extent to which the CISG has already been, or is about to be, adopted; and regional trends affecting the speed of its adoption. This report also considers the CISG’s technical implementation, its comparative efficiency, and practical problems in regards to its exclusion and use amongst contracting parties. It examines the data available for testing any economic impact of the CISG’s implementation in the region, and considers its role in regional multilateral and bilateral trade agreements. The report concludes that the CISG may have already had a positive economic effect in the region, and that regional adoption trends may in part explain its slow initial reception within the Asia Pacific region. Other behavioural economic reasons explain some less than optimal trends in the CISG’s use amongst contracting parties, and this report recommends technical measures be implemented alongside formal adoption to maximize any potential economic benefits. Finally, this report recommends a co-ordinated approach towards ratification and indeed national law reform facilitated by future regional trade agreements.