Article 1(1)(b)of The United Nations Convention on Contracts for the International Sale of Goods(CISG),which provides for the"indirect application"of the convention,is intended to broaden its scope of application.Through a reservation under Article 95,the reservation State will not be bound by Article 1(1)(b),thereby enabling the reservation increase the application of its other domestic contract law.Nevertheless,the interpretation of the effects of this reservation,i.e.whether the reservation in subparagraph(b)is the rule of the forum State or the rule of the State to which the applicable law belongs,is currently the subject of controversy in legal theory and practice.An analysis from the perspective of the textual,systemic and purposive interpretation of the provision shows that the"forum State criterion"is more in line with the legislative intent of the Convention and the logic of the provision,providing a more rational interpretation of the issue.
CISGapplication of CISGreservationprivate international lawapplicable law
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