Contract Formation under the CISG and under the Unidroit Principles: Special Focus on the Issue of the Battle of the Forms

The problem of conflicting standard terms in international contracts is a widespread phenomenon. The problem is aggravated as the United Nations Convention on Contracts for the International Sale of Goods (CISG) does not contain a specific rule for this issue. The aim of this book is to explore various solutions for the battle of forms under the CISG. After a short introduction of the CISG, the Unidroit Principles and an overview of contract formation and standard terms in the two legal texts the book focuses on the battle of forms in general and specifically under the CISG. The author defines the battle of forms as an internal gap of the CISG and proposes a solution for this legal problem based on research on the text of the CISG itself, historical and teleological interpretation, analysis of the general principles underlying the CISG, discussion of case law and scholarly writings. The book concludes with opinions of legal experts, practical implications and recommendations. This book is directed towards legal scholars, lawyers, judges, arbitrators and company executives dealing with international contracts.

Mag. (FH) Stefanie Baumgartner studied International Management at the FH JOANNEUM - University of Applied Sciences in Graz, Austria, and at the Universidad Andr?s Bello in Santiago de Chile. She has lived and worked in Australia, Venezuela and Washington, DC. Currently, she works as a Key Account Manager for Procter & Gamble in Vienna.