CISG and Contracting Practice : Facilitating Negotiation of Contract Terms

In the sphere of international contracts for the sale of goods, the UN Convention on International Sale of Goods (“CISG” or “Convention”) has the potential to reduce the friction between the parties when negotiating the terms they most frequently focus on, but also to be an instrument in achieving outputs that reflect legal and commercial considerations enabling cross-industry and cross-border parties to contract in a way that creates value and results in socio-economic benefits. To fully understand the potential CISG brings in the context of negotiating contract terms, it is necessary to explore current negotiation practices as presented in the IACCM Report on Most Negotiated Terms 2018, understand proactive contracting embedded in the field of contract and commercial management, and finally, place CISG in such context to identify the role it can have in facilitating the contracting practice