In the formation of contracts under the CISG, how does Article 19 solve the battle of forms issue?

Abstract

In today’s typical commercial transactions, the buyers and sellers use the standardized forms to communicate with each other. The each party’s form contains pre-printed standard terms which are drafted with different interest in both parties’ mind, especially each party drafts the terms of his form for his benefit. Therefore, the the parties’ standard terms conflict seems to be indispensable. Consequently, the exchange of forms containing conflicting standard terms is referred to as the "battle of forms.".It can be said that there are various legal solutions that apply in solving the battle of forms cases. The CISG does not include any clear and complete rules concerning the battle of the forms. The only provision that could be applied in situations like these is Article 19 of the CISG.

Keywords

• cisg
• formation of contract
• battle of forms