The United Nations Convention on Contracts for the International Sale of Goods: Selection of Typical Arbitration Cases

Authors:

Edited by Xiaochun Liu, Yin He and Zhewei Liu

• ISBN: 9789004751705
• Published: March 2026
• Format: Hardback
• Language: English
• Publisher: Brill Nijhoff

Description:

The United Nations Convention on Contracts for the International Sale of Goods: Selection of Typical Arbitration Cases provides a practical and scholarly examination of the United Nations Convention on Contracts for the International Sale of Goods (CISG) through 25 representative arbitration cases handled by the Shenzhen Court of International Arbitration (SCIA). First approved in Vienna on April 11, 1980, the Convention established a modern, uniform and fair legal regime for international sale of goods contracts, helping reduce uncertainty and transaction costs in cross-border trade.

This volume offers readers a structured study of how the Convention is applied in real disputes, drawing on extensive arbitral experience accumulated since China acceded to the Convention in 1986. The book is designed to deepen understanding of international sale of goods disputes both theoretically and practically, while also contributing to current academic discussion and professional legal analysis.

The English edition follows the successful Chinese-language version published in 2020 and forms Volume 15 in the Chinese and Comparative Law series published by Brill Nijhoff.

Key Features:

Analysis of 25 representative arbitration cases under the CISG.

Practical treatment of major issues in international sale of goods disputes.

Structured case presentation including facts, party statements, tribunal findings, awards and commentary.

Useful for both academic study and professional legal practice.

Published in English following a well-received Chinese edition.

Part of the respected Chinese and Comparative Law series from Brill Nijhoff.

Coverage:

The book covers the application of the Convention, formation and validity of international sale contracts, obligations of buyers and sellers, actual performance and damages, declaration of contract avoidance, force majeure and change in circumstances, commodity inspection and claims, INCOTERMS, and payment in international trade. It also includes an appendix with the full text of the United Nations Convention on Contracts for the International Sale of Goods.

About the Authors:

This volume is edited by Xiaochun Liu, Yin He and Zhewei Liu. The editors bring together selected arbitration cases and legal analysis to provide a valuable reference work for scholars, arbitrators, practitioners and professionals working in international trade law and dispute resolution.

Table of Contents:

Editorial Committee

Preface to the Chinese Version

Preface to the English Version

Acknowledgement

Explanatory Notes

Part 1: Application of the Convention

Part 2: Formation and Validity of Contracts for the International Sale of Goods

Part 3: Obligations of the Buyer in Contracts for the International Sale of Goods

Part 4: Obligations of the Seller in Contracts for the International Sale of Goods

Part 5: Actual Performance and Damages

Part 6: Declaration of Contract Avoidance

Part 7: Force Majeure and Change in Circumstances

Part 8: Commodity Inspections and Claims

Part 9: INCOTERMS

Part 10: Payment in International Trade

Appendix: United Nations Convention on Contracts for the International Sale of Goods

Why buy this book?

This book is an excellent resource for anyone working with international commercial transactions, arbitration or comparative sales law. Instead of remaining at a purely theoretical level, it shows how the CISG operates in real arbitral disputes across different jurisdictions and commercial contexts. It is especially valuable for legal practitioners, academics and institutional libraries seeking a focused and practical reference on the international sale of goods.

Frequently Asked Questions — The United Nations Convention on Contracts for the International Sale of Goods: Selection of Typical Arbitration Cases Brill Nijhoff | Liu Xiaochun, He Yin & Liu Zhewei (eds.) | March 2026

Q1: How is the CISG actually applied in real arbitration disputes?

The CISG establishes the legal framework, but understanding how it operates in practice requires studying actual cases — not just the treaty text. This volume presents 25 representative arbitration cases handled by the Shenzhen Court of International Arbitration (SCIA), each analyzed through the lens of the Convention. Every case is presented with the facts, the positions of the parties, the tribunal's findings, the award, and expert commentary — giving practitioners and researchers a clear picture of how CISG principles translate into arbitral outcomes across real commercial disputes in cross-border trade.

Q2: What does Chinese arbitration practice reveal about the interpretation of the CISG that Western sources don't cover?

China acceded to the CISG in 1986 and has since accumulated one of the largest bodies of CISG arbitration practice in the world — yet this experience has been largely inaccessible to English-language practitioners and scholars. This volume draws on that accumulated experience through cases from the SCIA, revealing how Chinese arbitral tribunals interpret key CISG provisions on contract formation, seller and buyer obligations, damages, force majeure, and contract avoidance. The perspective it offers is genuinely different from European or American CISG commentary, making it essential for anyone advising on or researching Sino-foreign commercial transactions.

Q3: How does the CISG handle force majeure and change in circumstances in international sale of goods contracts?

Force majeure under the CISG — governed by Article 79 — is one of the most disputed and practically significant provisions of the Convention. Unlike domestic legal systems, the CISG does not provide a general doctrine of changed circumstances or hardship, which creates tension when parties face events — pandemics, supply chain disruptions, commodity price shocks — that fall short of strict impossibility. Part 7 of this volume examines how SCIA tribunals have applied Article 79 in representative cases, analyzing the threshold for excuse from liability and the interplay between CISG rules and party-drafted force majeure clauses.

Q4: What role do INCOTERMS play in CISG disputes, and how do arbitrators treat conflicts between them?

INCOTERMS and the CISG operate on different planes — INCOTERMS govern delivery, risk transfer, and costs; the CISG governs the rights and obligations of buyers and sellers more broadly — but they interact constantly in international sale of goods disputes. When parties incorporate INCOTERMS into a contract governed by the CISG, questions arise about which instrument controls in cases of conflict, how delivery obligations affect risk of loss, and how payment obligations are interpreted. Part 9 of this volume addresses INCOTERMS specifically through SCIA case analysis, providing practical guidance that goes beyond textbook treatment of either instrument in isolation.

Q5: How do arbitrators determine damages under the CISG when a contract for international sale of goods is breached?

Damages under the CISG — primarily governed by Articles 74 to 77 — follow a foreseeability-based framework that differs meaningfully from both common law and civil law domestic approaches. Key issues in arbitration include the calculation of the market price differential, the duty to mitigate, and the recoverable heads of loss. Part 5 of this volume examines actual performance and damages awards made by SCIA tribunals, showing how arbitrators quantify losses, treat consequential damages claims, and apply the mitigation requirement in disputes involving commodity contracts, manufacturing agreements, and technology sales.

Q6: What are the obligations of buyers and sellers under the CISG, and how are disputes about non-conforming goods resolved?

The CISG places specific obligations on sellers regarding conformity of goods (Article 35), notice of non-conformity (Articles 38–39), and available remedies. Buyers must inspect goods and notify sellers of defects within a reasonable time — a requirement that generates significant litigation because what constitutes "reasonable" varies by commodity, jurisdiction, and commercial context. Parts 3 and 4 of this volume examine SCIA cases dealing with these obligations from both the buyer's and seller's perspective, including commodity inspection procedures (Part 8) and the practical consequences of failing to give timely notice — a common and often fatal mistake for buyers in international trade.

Q7: Where can I purchase this book on CISG arbitration cases?

The book is available at CLNZ Books — clnzbooks.com/products/un-convention-sale-goods — with worldwide free shipping included in the price. This is a Print on Demand title published by Brill Nijhoff; dispatch takes between 1 to 3 weeks. It is the English edition of a well-received Chinese-language work published in 2020, and forms Volume 15 of the Chinese and Comparative Law series.

Keywords:

CISG, United Nations Convention on Contracts for the International Sale of Goods, international sale of goods, international trade law, arbitration cases, commercial arbitration, SCIA, cross-border contracts, buyer obligations, seller obligations, damages, force majeure, INCOTERMS, payment in international trade, Brill Nijhoff

Target Audience:

international trade lawyers, arbitration practitioners, law firms, academics, researchers, university libraries, commercial law specialists, comparative law scholars, postgraduate law students, institutions focused on international business law

Genre:

Law, International Trade Law, Arbitration, Commercial Law, Comparative Law, Legal Reference

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