Subject: Does the CISG, compared to English law, put too much emphasis on promoting performance of the contract despite a breach by the seller?

Author: Dr. Kourosh Majdzadeh

Abstract: Specific performance and the right to cure are often two main concepts in question when there is a breach in an international sale contract. This article, in a different approach, compares the differences between provisions of English law and the United Nations Convention on Contracts for the International Sale of Goods (CISG), in order to analytically examine whether CISG overemphasises the performance of contract by the defaulting seller. Moreover, it explains the relationship between specific performance and the right to cure, using a new approach. While a considerable amount of existing studies mostly concern restriction imposed by English law rules, this essay, illustratively indicates that there are advantages in adopting English law provisions rather than following the permissive attitude of CISG. The article reveals the ambiguity made by some provisions of CISG in regards to application of its rules. While the main remedy granted by English courts is confined to damages, as they recognize specific performance as a discretionary order, the courts consider the test of inadequacy of damages and the uniqueness to avoid the unfair results. This essay is an attempt to change the picture shaped by existing literature by introducing a different perspective on the alleged restrictions of English law.

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