CISG and arbitration

Abstract

The paper identifies common principles, values and ideas of the CISG and Arbitration and focuses on the complementary character of the two concepts represented by these terms. The author proceeds in five steps. He identifies obvious differences between the CISG and Arbitration; indicates how often the CISG is applied by tribunals by relying on data available in the public domain as well as data provided by the ICC; illustrates where the CISG and Arbitration may interface - namely regarding the questions how arbitrators decide to apply the CISG and whether arbitration agreements are governed by the CISG; highlights common features of the CISG and Arbitration; and, in a fifth and final step, identifies a number of potential benefits which the CISG might provide for Arbitration and, vice versa, Arbitration might provide for the CISG.