The forum so that the Vienna Convention may apply must be brought in a Contracting State. “Only if the dispute is brought before a forum in a non-contracting state is the result uncertain because the forum will not be bound by treaty to apply the convention ”. The Vienna Convention is passive in this respect as it merely waits until the final determination of the proper forum through the conflict of laws rules. Impact on Domestic Laws and Other Legal Systems:
The Vienna Convention (CISG) has set out the criterion of cases that calls for its application. However, there are still aspects in international commercial transactions, which the convention leaves to the jurisdiction of the Domestic Law and other international sales law. “Article 7(2) of the United Nations (UN) Convention on Contracts for the International Sale of Goods (CISG), which provides a gap-filling mechanism, is an important tool in achieving the CISG’s objective of harmonization of international sales law.
” The convention simply does not attempt to lay down comprehensive and all-encompassing rules covering the entire international commercial transaction but it has its defined limits of application that is within its competence. Beyond these defined limits covered by the convention, the other legal systems such as the Domestic Law come in to fill in the gaps and lapses. The Vienna Convention (CISG) as earlier discussed, covers only few aspects in the life of an international contracts.
Particularly laid in Part II and III of its provisions, its main concern is on the formation of an international contract for the sale of goods and the basic rights and obligations of the parties, mainly the buyer and the seller, to a contract of an international sale of goods. This has been clearly set out by the Vienna Convention (CISG), not only by limiting its provision on these subjects, but also by explicitly stating that some instances in the life of a contract where the Vienna Convention cannot be applied.
The limitation of the subject matter covered by the Vienna Convention (CISG) is expressly stated under Article 4 thereof. It states, “This Convention governs only the formation of the contract of sale and the rights and obligations of the seller and the buyer arising from such a contract. In particular, except as otherwise expressly provided in this Convention, it is not concerned with: (a) the validity of the contract or of any of its provisions or of any usage; and, (b) the effect which the contract may have on the property in the goods sold .
” The article simply excludes from the coverage of the Vienna Convention (CISG) the questions on the validity of the contract or any of its provisions, and the effect of the said contract of sale on the title over the goods sold. Certainly, the Vienna Convention has no provisions providing for remedy in cases of breaches and violations as regards the latter aspects of the international contract of sale. Moreover, Article of the Vienna Convention (CISG) does not include within its coverage matters relating on product liability, or the damages or injury brought about by the defective condition of the products.
Article 5 of the Vienna Convention states that: This Convention does not apply to the liability of the seller for death or personal injury caused by the goods to any person ”. While the Vienna Convention (CISG) provides for the obligation of the buyer, the same is only limited only to delivery of the goods and the instrument or documents pertaining thereto, but does not include the liability of the seller in case in cases of death or injury suffered by the buyer or any third person caused by the defective condition of the goods.
These are the some of the instances where the Vienna Convention (CISG) particularly excludes from its coverage. There are other aspects in a contract of sale, which are not included within the coverage of the Vienna Convention (CISG). “Thus, the convention does not govern the letter of credit arrangement, or carriage and insurance contracts contemplated in the sales contract, although the convention will govern remedies for breach of terms in the sales contract which require the buyer to obtain a letter of credit or the seller to enter into a carriage contract ”. “Nor does the convention regulate arbitration proceedings… ”