Exclusion of the CISG 1980 from perspective of enterprises: international experience and implications for Vietnam

Nguyen Tien Hoang1, Duong Viet Nam1
1 Foreign Trade University

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Abstract

The Vienna Convention on Contracts for the International Sale of Goods Contract or the CISG 1980 is often considered to be a great success in harmonizing private commercial laws. However, there is a common scene that the parties of international sales usually agree to exclude the application of the Convention and forgo the potential benefits it can bring about. Taking into account of the fact that Vietnam has become a member state of the Convention since the beginning of 2017, without proper equipment on the knowledge regarding the issue, there is a high chance that our enterprises will follow the footsteps of the predecessors to constantly opt out of the Convention without any consideration and deprive themselves of the advantages accompanying with it. Hence, this article aims to look deeply into the reasons behind the opting out decision of the enterprises via examining the CISG exclusion situation in some countries and conducting in-depth analysis regarding the problem.

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