DISPUTE RESOLUTION OF DEFAULTS IN INTERNATIONAL SALES AND PURCHASE CONTRACTS: A REVIEW OF THE IMPLEMENTATION OF THE 1980 VIENNA CONVENTION (CISG)

TINJAUAN ATAS PENERAPAN KONVENSI WINA 1980 (CISG)

Abstract

The development of international trade has the consequence of increasing the potential for disputes, where defaults in international sales and purchase contracts become a crucial legal issue. The United Nations Convention on Contracts for the International Sale of Goods (CISG) 1980, or the 1980 Vienna Convention, was designed as a uniform legal regime to govern such contracts and provide a uniform dispute resolution framework. This study aims to analyze in depth the application of CISG provisions in resolving default disputes, focusing on mechanisms and conditions for aggrieved parties to use available legal remedies. The research method used is normative juridical, with data collection techniques through literature studies on the provisions of the CISG, legal doctrine, as well as the decisions of international chambers of commerce and national jurisprudence from the parties countries. The results of the study identified that the CISG offers a complete and flexible set of legal remedies, including the right to sue for performance performance, cancellation of contracts, price reduction lawsuits, and compensation claims. The application of these legal remedies is highly determined by the classification of default as a fundamental breach, notification obligation, and loss mitigation efforts. The conclusions of the study confirm that although the CISG succeeds in creating harmonious legal standards, the complexity in the interpretation of its articles requires special expertise from practitioners to avoid uncertainty in dispute resolution.