Sphere of Application

• Author: Jack Michael Graves
• Pages: 7-18

Scope of Default Application

The CISG applies by “default” within its sphere of application. In other

words, it applies unless the parties agree otherwise. The basic rule govern‑

ing the scope of this default application is found in Article 1.

Article 1(1)(a)—Both Parti es from Contracting States

The simplest case is a “sale of goods” in which each of the parties comes

from a different Contracting State. Here, of course, we use the term “state”

to refer to a nation state—not one of the United States. As explained in

Chapter 1, a Contracting State is simply one that has ratied the CISG.

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