A Comparative View on ‘Battle of the Forms’ under the CISG and in the German and US American Experiences

Abstract

Although the CISG has been in force more than 25 years, it does not have a uniform solution to the ‘battle of the forms’. The courts have had to resolve these battles using the general rules and principles of the Convention. An analysis of CISG case law reveals that German courts and US courts approach the battle of the forms problem differently and, consequently, produce different outcomes. This article analyzes and compares the possible solutions to the battle of the forms. Based on this analysis of CISG case law, it is submitted that the (more) correct interpretation of the CISG rules will lead to the last-shot solution.