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Register of Texts of CONVENTIONS and OTHER INSTRUMENTS CONCERNING INTERNATIONAL TRADE LAW

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Register of Texts of CONVENTIONS and OTHER INSTRUMENTS CONCERNING INTERNATIONAL TRADE LAW Register of Texts of CONVENTIONS AND OTHER INSTRUMENTS CONCERNING INTERNATIONAL TRADE LAW Volume I UNITED NATIONS New York, 1971 UNITED NATIONS PUBLICATION Sales number: E.71. V. 3 Price: $U.S. 4.00 (or equivalent in other currencies) Register of texts TABLE OF CONTENTS Page INTRODUCTION •.••••••.•••• 1 CHAPTER I. INTERNATIONAL SALE OF GOODS 1. Conventions and Similar Instruments 5 Convention on the Law Applicable to International Sales of Goods. The Hague, 15 June 1955 5 Convention on the Jurisdiction of the Selected Forum in the Case of International Sales of Goods. The Hague, 15 April 1958 . .. 9 Convention on the Law Applicable to the Transfer of Title in Inter- national Sales of Goods. The Hague, 15 April 1958 . .. 13 General Conditions of Assembly and Provision of Other Technical Services in connexion with Reciprocal Deliveries of Machinery and Equipment between Foreign Trade Organizations of Member Coun- tries of the Council for Mutual Economic Assistance, 1962 17 General Conditions for the Technical Servicing of Machinery, Equip­ ment and Other Items delivered between Foreign Trade Organizations of Member Countries of the Council for Mutual Economic Assis- tance, 1962 ......................••. 31 Convention relating to a Uniform Law on the International Sale of Goods. The Hague, 1 July 1964 .......... .. 39 Convention relating to a Uniform Law on the Formation of Contracts for the International Sale of Goods. The Hague, 1 July 1964 64 General Conditions of Delivery of Goods between Organizations of the Member Countries of the Council for Mutual Economic Assistance, 1968 . .. 78 2. Uniform Trade Terms Incoterms 1953. International Rules for the Interpretation of Trade Terms. Prepared by the International Chamber of Commerce ........ .. 103 International Rules for the Interpretation of the Terms "Delivered at frontier ... (named place ofdelivery at frontier)" and "Delivered ... (named place of destination in the country of importation) duty paid". Prepared by the International Chamber of Commerce .... .. 116 3. Draft Conventions and Similar Instruments Draft Convention on a Uniform Law on the International Sale of Tangible Personal Property. Prepared by the Inter-American Juridi- cal Committee ...................... .. 123 iv Table ofcontents Page Draft Uniform Law on the Contract of Commission on the Inter­ national Sale or Purchase of Goods. Prepared by the International Institute for the Unification of Private Law . .. 123 Draft Uniform Law on the Protection of the Bona Fide Purchaser of Corporeal Movables. Prepared by the International Institute for the Unification of Private Law . .......... ., 124 CHAPTER II. INTERNATIONAL PAYMENTS A. Negotiable Instruments 1. Conventions and Similar Instruments Treaty on International Commercial Law. Montevideo, 12 February 1889 (Arts. 26-34) . ..................... .. 127 Convention on the Unification of the Law relating to Bills of Exchange and Promissory Notes, and Uniform Regulation. The Hague, 1912 129 Bustamante Code. Havana, 20 February 1928 (Arts. 263-273) 151 Convention providing a Uniform Law for Bills of Exchange and Pro­ missory Notes. Geneva, 7 June 1930 . ., 154 Convention for the Settlement of Certain Conflicts of Laws in connection with Bills of Exchange and Promissory Notes. Geneva,7 June 1930 181 Convention on the Stamp Laws in connection with Bills of Exchange and Promissory Notes. Geneva, 7 June 1930 186 Convention providing a Uniform Law for Cheques. Geneva, 19 March 1931 . ., 192 Convention for the Settlement of Certain Conflicts of Laws in connection with Cheques. Geneva, 19 March 1931 . 214 Convention on the Stamp Laws in connection with Cheques. Geneva, 19 March 1931 . .. 220 Treaty on International Commercial Terrestrial Law. Montevideo, 19 March 1940 (Arts. 23-39) . .. 224 2. Draft Conventions and Similar Instruments Draft Uniform Law for Latin America on Commercial Documents. Prepared by the Institute for Latin American Integration of the Inter-American Development Bank ........... .. 227 B. Bankers' Commercial Credits Uniform Customs and Practice for Documentary Credits (1962 Rev­ ision). Prepared by the International Chamber of Commerce .. 229 Uniform Rules for the Collection of Commercial Paper. Prepared by the International Chamber of Commerce .......... .. 239 C. Guarantees and Securities International Convention for the Unification of Certain Rules relating to Maritime Liens and Morgtages. Brussels, 10 April 1926 . .. 245 Bustamante Code. Havana, 20 February 1928 (Arts. 212-219, 278, 282) , 252 Table ofcontents v Page Treaty on International Commercial Terrestrial Law. Montevideo, 19 March 1940 (Arts. 19-22) . .... .. 254 Convention on the International Recognition of Rights in Aircraft. Geneva, 19 June 1948 . .. 255 Convention on the Registration of Inland Navigation Vessels (Art. 15), and Protocol No. 1 concerning Rights In Rem in Inland Navigation Vessels. Geneva, 25 January 1965 . .. 262 International Convention for the Unification of Certain Rules relating to Maritime Liens and Mortgages. Brussels, 27 May 1967 268 CHAPTER III. INTERNATIONAL COMMERCIAL ARBITRATION List of Conventions and other Instruments 277 CHAPTER IV. INTERNATIONAL LEGISLATION ON SHIPPING List of Conventions and other Instruments 283 Introduction The United Nations Commission on International Trade Law (UNCITRAL) at its first session, in 1968, decided to establish a compilation of texts of conven­ tions and similar instruments dealing with certain areas of the law of international trade. 1 At its second session, in 1969, the Commission specified the areas the Register would cover at this stage. The Commission requested the Secretary-General to publish the relevant texts of conventions and similar instruments in the fields of the international sale of goods, negotiable instruments, bankers' commercial credits, and guarantees and securities. The Commission also requested the Secretary­ General to include in the Register the titles and sources of instruments in the fields of international commercial arbitration and international shipping legislation. 2 Pursuant to a decision taken by the Commission at its first session, the Register, which is published in English, French, Russian and Spanish, sets forth the full texts of international instruments that are in a final form, but only a brief summary of proposed international instruments. Where no official translation exists, unofficial translations are included in the Register. In this connexion the Secretary-General expresses his gratitude to the Governments of Spain and of the Union of Soviet Socialist Republics, and to the Council of Mutual Economic Assistance for providing the Secretariat with transla­ tions. The Secretary-General also thanks those authors who have kindly given permission for the use of their translations; the names ofthese authors are mentioned in footnotes to the respective translations. It is hoped that this publication will be useful in commercial practice and that it will also help to achieve the goal stated by the General Assembly when it established UNCITRAL, namely, the unification and harmonization of the law of international trade. 1 Report of UNCITRAL on the work of its first session, Official Records ofthe General Assem­ bly, Twenty-third session. Supplement No. 16 (Aj7216), para. 60. 2 Report of UNCITRAL on the work of its second session, Official Records of the General Assembly, Twenty-fourth session, Supplement No. 18 (Aj7618), para. 189 E. 1 Chapter I INTERNATIONAL SALE OF GOODS 1. CONVENTIONS AND SIMILAR INSTRUMENTS CONVENTION ON THE LAW APPLICABLE TO INTERNATIONAL SALES OF GOODS 1 Done at The Hague, 15 June 1955 [Translation 2] The States signatory to this Convention; Desiring to establish common provisions concerning the law applicable to sales of goods; Have resolved to conclude a Convention for this purpose and have agreed on the following provisions: Article 1 This Convention shall apply to international sales of goods. It shall not apply to sales of securities, to sales of ships and of registered boats or aircraft, or to sales upon judicial order or by way of execution. It shall apply to sales based on documents. For the purposes of this Convention, contracts to deliver goods to be manufactured or produced shall be placed on the same footing as sales, provided the party who assumes delivery is to furnish the necessary raw materials for their manufacture or production. The mere declaration of the parties, relative to the application of a law or the competence of a judge or arbitrator, shall not be sufficient to confer upon a sale the international character provided for in the first paragraph of this article. Article 2 A sale shall be governed by the domestic law of the country designated by the Contracting Parties. Such designation must be contained in an express clause, or unambiguously result from the provisions of the contract. 1 The Convention entered into force on 3 May 1964. The following States have deposited their ratifications with the Government of the Netherlands: Belgium 29 October 1962 Denmark 3 July 1964 Finland 3 July 1964 France 30 July 1963 Italy 17 March 1958 Norway 3 July 1964 Sweden - 8 July 1964 The following States have signed the Convention: Luxembourg, Netherlands, Spain. 2 United Nations, Treaty Series, vol. 510, p. 149, No. 7411 (1964). 5 6 Conventions and Other Instruments concerningInternational Trade Law: Volume I Conditions affecting the consent of the parties to the law declared applicable shall be determined by such law. Article 3 In default of
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