Buyer and Seller are citizens of the United States and France respectively. Both countries have adopted the CISG. However, as the performance of the contract is going to take place in the United States, they decide that the United States would have jurisdiction to hear disputes and the applicable law shall be that of the United States.

When a dispute arises, Seller claims that given the different legal traditions followed, the applicable law should be the CISG. Buyer argues that the law of the United States has been specifically mentioned in the contract, and hence the CISG cannot be applied to in the settlement of disputes. Whom do you think is correct? Discuss.

Various Provisions of the CISG mk5