Hardly Room for Hardship: A Functional Review of Art 79 CISG

David Kuster, Camilla Andersen

Research output: Contribution to journalArticle

Abstract

Over a decade ago, Francesco Mazzotta penned a penetrating article on the issue
of determination of interest rate under Article 78 of the Convention on Contracts
for the International Sale of Goods (CISG),1 which pierced academic discussions
at the time, and won a much deserved Schmitthoff research award. It was
appropriately entitled: “CISG Article 78: Endless disagreement among
commentators, much less among the courts.”2 After finding a similar phenomenon
of “much ado about nothing,” in relation to the application of Article 79 and the
issue of hardship, the authors were inspired to undertake a similar debunking of
a similar myth, in Mazzotta’s vein. We hope it may inspire others to pursue
pragmatic and empirical research issues.
Original languageEnglish
Number of pages21
JournalJournal of Law & Commerce
Volume35
Issue number1
Publication statusPublished - 2016

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