CONVENTION ON THE LIMITATION PERIOD IN THE INTERNATIONAL SALE OF GOODS 联合国国际货物买卖时效期限公约 背景：《联合国国际货物买卖时效期限公约》（United Nations Convention on the Limitation Period in the International Sale of Goods），简称《CONVENTION ON THE LIMITATION PERIOD
IN THE INTERNATIONAL SALE OF GOODS
联合国国际货物买卖时效期限公约
背景：《联合国国际货物买卖时效期限公约》（United Nations Convention on the Limitation Period in the International Sale of Goods），简称《时效公约》，是规定与国际货物买卖合同有关的权利消灭期限的实体法公约。1974年6月14日在纽约联合国总部召开的外交会议上通过，公约确立了关于国际销售合同所引起法律诉讼必须开始的时限的统一规则。
《时效公约》共四部分46条。主要内容是对时效期限的定义、期间、起算和计算、停止和延长、以及时效期限届满的后果作了具体规定。在此之前，国际货物买卖中的时效期限各国规定的不一致，从6个月至30年不等，有碍于国际贸易的发展，该公约将时效期限统一规定为4年，在4年内，买卖双方皆可就国际货物买卖合同的任何争议提起诉讼，超过时效，仲裁机构和法院不得接受已过时效期限的请求权，也不得对判决予以承认和执行。
时效的起算。《时效公约》还就时效的起算作了详尽的规定，起算日期原则上为自请求权产生之日起计算。但发生下列情况之一，时效期限停止计算，即时效中止：1、债权人依法向法院起诉或依仲裁协议提交仲裁；2、债务人死亡或丧失能力；3、债务人破产或无清偿能力；债务人公司、社团的解散或清算。如果没有中止时效原因出现，时效满4年则期限届满，届满日期如果为节假日，可以顺延。时效期限届满，则债权人的请求权随之消灭。
适用范围。1974年《时效公约》的适用范围，与1980年《联合国国际货物销售合同公约》的适用范围相吻合，《时效公约》第1条至第6条对此作了明确规定。为使1974年《时效公约》与1980年《联合国国际货物销售合同公约》相配套，在1980年4月的联合国维也纳外交会议上缔结《联合国国际货物销售合同公约》的同时，还通过了《关于修正<联合国国际货物买卖时效期限公约>的议定书》。《时效公约》与1980年《修正〈时效公约〉议定书》于1988年8月1日生效，截止2005年上半年，前者有25个参加国，后者有18个参加国。
I. CONVENTION ON THE LIMITATION PERIOD IN THE INTERNATIONAL SALE OF GOODS AS AMENDED BY THE PROTOCOL AMENDING THE CONVENTION ON THE LIMITATION PERIOD IN THE INTERNATIONAL SALE OF GOODS INTRODUCTORY NOTE
1. The Convention on the Limitation Period in the International Sale of Goods (hereinafter called the 1974 Limitation Convention) was concluded at New York on 14 June 1974. A Protocol to the 1974 Limitation Convention (hereinafter called the 1980 Protocol) was concluded at Vienna on 11 April 1980.
2. The 1974 Limitation Convention and the 1980 Protocol both entered into force on 1 August 1988, in accordance with articles 44/(1) of the 1974 Limitation Convention and IX (1) of the 1980 Protocol.
3. In accordance with paragraph 2 of article XIV of the 1980 Protocol, the text of the 1974 Limitation Convention as amended by the 1980 Protocol has been prepared by the Secretary-General and will be found hereinafter.
4. The present text includes the relevant amendments to the articles of the 1974 Limitation Convention, as provided for by the 1980 Protocol. For ease of reference, the text of the original provisions of the 1974 Limitation Convention which have been amended by the 1980 Protocol are reproduced in footnotes. The present text also incorporates substantive provisions (final clauses) of the 1980 Protocol as required, including editorial additions. The relevant articles of the 1980 Protocol which have been incorporated in the present text of the 1974 Limitation Convention as amended have, for clarity, been assigned is numbers with the indication in parenthesis of the corresponding number of the 1980 Protocol.
CONVENTION ON THE LIMITATION PERIOD IN THE INTERNATIONAL SALE
OF GOODS AS AMENDED BY THE PROTOCOL AMENDING THE CONVENTION
ON THE LIMITATION PERIOD IN THE INTERNATIONAL SALE OF GOODS
Preamble序 言
The States Parties to the present Convention, Considering that international trade is an important factor in the promotion of friendly relations amongst States, Believing that the adoption of uniform rules governing the limitation period in the international sale of goods would facilitate the development of world trade, Have agreed as follows:
本公约各缔约国: 鉴于国际贸易在促进各国间的友好关系上是一个重要因素，深信通过规定国际货物销售的时效期间的统一规则将有助于发展世界贸易；协议如下：
Part I. Substantive provisions第一部分 实体规定
SPHERE OF APPLICATION适用范围
Article 1第一条
1. This Convention shall determine when claims of a buyer and a seller against each other arising from a contract of international sale of goods or relating to its breach, termination or invalidity can no longer be exercised by reason of the expiration of a period of time. Such a period of time is hereinafter referred to as "the limitation period".
本公约规定，由于国际货物销售合同所引起的或与此项合同的违反，终止或无效有关的，买方和卖方彼此间的请求权在何时由于某段时间的届满而不能行使。此种期间即为下文所称的“时效期间”。
2. This Convention shall not affect a particular time-limit within which one party is required, as a
condition for the acquisition or exercise of his claim, to give notice to the other party or perform any act other than the institution of legal proceedings.
本公约不影响当事人一方作为取得或行使其请求权的条件，必须在特定时限内通知他方当事人或作出诉诸法律程序以外的任何行为的规定。
3. In this Convention: 在本公约中：
(a) "buyer", "seller" and "party" mean persons who buy or sell, or agree to buy or sell, goods, and the successors to and assigns of their rights or obligations under the contract of sale;
“买方”，“卖方”和“当事人”是指买、卖货物或约定买、卖货物的人，以及依照货物销售合同的规定承受权利或义务的继承人和受让人：
(b) "creditor" means a party who asserts a claim, whether or not such a claim is for a sum of money;
“债权人”是指提出请求权的当事人，不论这种请求权是不是关于金钱的；
(c) "debtor" means a party against whom a creditor asserts a claim;
“债务人”是指债权人向其提出请求权的当事人；
(d) "breach of contract" means the failure of a party to perform the contract or any performance not in conformity with the contract;
“违约”是指当事人没有履行合同或者没有依照合同行事；
(e) "legal proceedings" includes judicial, arbitral and administrative proceedings;
“法律程序”包括司法程序、仲裁程序和行政程序；
(f) "person" includes corporation, company, partnership, association or entity, whether private or public, which can sue or be sued;
“人”包括可以提起诉讼或被诉讼的公司、商号、合伙、会社或公私团体；
(g) "writing" includes telegram and telex; “书面”包括电报和电传；
(h) "year" means a year according to the Gregorian calendar. “年”是指公历年。
Article 2 第二条
For the purposes of this Convention:就适用本公约来说；
(a) a contract of sale of goods shall be considered international, if at the time of the conclusion of the contract, the buyer and the seller have their places of business in different States;
货物销售合同，如在订立时买方和卖方的营业所在不同国家，应视为国际货物销售合同；
(b) the fact that the parties have their place of business in different States shall be disregarded whenever this fact does not appear either from the contract or from any dealings between, or from information disclosed by, the parties at any time before or at the conclusion of the contract;
)当事各方在不同国家有营业所的事实，如从合同中，或在合同订立前或订立时的交易中，或在所透露的资料中看不出来，应不予考虑。
(c) where a party to a contract of sale of goods has places of business in more than one State, the place of business shall be that which has the closest relationship to the contract and its performance, having regard to the circumstances known to or contemplated by the parties at the time of the conclusion of the contract;
如货物销售合同的当事人在一国以上没有营业所，应考虑到订立合同时为当事各方所已知道的或预期的情况，以对合同及其履行有最密切关系的营业所为营业所；
(d) where a party does not have a place of business, reference shall be made to his habitual residence;
如当事人设有营业所，应参照其惯常住所办理；
(e) neither the nationality of the parties nor the civil or commercial character of the parties or of the contract shall be taken into consideration.
对于当事人的国籍以及当事人或合同的民事或商事性质均不应予以考虑。
Article 3第三条
This Convention shall apply only 本公约适用范围
(a) if, at the time of the conclusion of the contract, the places of business of the parties to a contract of international sale of goods are in Contracting States; or
本公约仅在订立合同时，国际货物销售合同当事各方缔约国有营业所的情况下适用。
(b) if the rules of private international law make the law of a Contracting State applicable to the contract of sale.
除本公约另有规定外，本公约不问依照国际私法的规则原应适用的法律如何，应一律适用。
2. This Convention shall not apply when the parties have expressly excluded its application.
本公约在当事各方明白表示排除其适用时，应不适用。
Article 4 第四条
This Convention shall not apply to sales:本公约对下列货物销售不适用：
(a) of goods bought for personal, family or household use, unless the seller, at any time before or at the conclusion of the contract, neither knew nor ought to have known that the goods were bought for any such use;
供个人、家属或家庭使用的货物；
(b) by auction; 拍卖；
(c) on execution or otherwise by authority of law; 从事执行法律所授权的行为或其他行动；
(d) of stocks, shares, investment securities, negotiable instruments or money;
债券、股票、投资证券、流通票据或货币；
(e) of ships, vessels, hovercraft or aircraft; 船只、船舶或飞机；
(f) of electricity. 电力。
Article 5 第五条
This Convention shall not apply to claims based upon:
本公约对根据下列理由的请求权不适用：
(a) death of, or personal injury to, any person; 任何人的死亡或人身伤害；
(b) nuclear damage caused by the goods sold; 由所卖货物造成的核损害；
(c) a lien, mortgage or other security interest in property;
财产的留置权、抵押权或其他担保利益；
(d) a judgement or award made in legal proceedings; 法律程序中所作的判决或裁决；
(e) a document on which direct enforcement or execution can be obtained in accordance with the law of the place where such enforcement or execution is sought;
依照请求执行所在地法律，能够据以获得直接执行的文件；
(f) a bill of exchange, cheque or promissory note. 汇票、支票或本票。
Article 6 第六条
1. This Convention shall not apply to contracts in which the preponderant part of the obligations of the seller consists in the supply of labor or other services.
本公约不适用于卖方义务的最主要部分是在提供劳动力或其他劳务的合同。
2. Contracts for the supply of goods to be manufactured or produced shall be considered to be sales, unless the party who orders the goods undertakes to supply a substantial part of the materials necessary for such manufacture or production.
为供应有待制造或生产的货物而订立的合同应视为货物销售，但订货的一方承担提供此种制造或生产所需原料的主要部分者，不在此限。
Article 7 第七条
In the interpretation and application of the provisions of this Convention, regard shall be had to its
international character and to the need to promote uniformity.
THE DURATION AND COMMENCEMENT OF THE LIMITATION PERIOD
在解释和适用本公约的各项规定时，应考虑到本公约的国际性质及促进统一的必要性。
时效期间和起始
Article 8第八条
The limitation period shall be four years. 时效期间应为四年。
Article 9 第九条
1. Subject to the provisions of articles 10, 11 and 12 the limitation period shall commence on the date of which the claim accrues.
除第十条、第十一条和第十二条另有规定者外，时效期间应自请求权产生之日起算。
2. The commencement of the limitation period shall not be postponed by:
时效期间的起算不应由于下列原因而推迟：
(a) a requirement that the party be given a notice as described in paragraph 2 of article 1, or
当事人一方必须向他方致送第一条第(2)款所称的通知，或
(b) a provision in an arbitration agreement that no right shall arise until an arbitration award has been made.
仲裁协议规定在仲裁裁决作出之前，不发生任何权利。
Article 10第十条
1. A claim arising from a breach of contract shall accrue on the date on which such breach occurs.
由于违约而引起的请求权应在违约行为发生之日产生。
2. A claim arising from a defect or other lack of conformity shall accrue on the date on which the goods are actually handed over to, or their tender is refused by, the buyer.
由于货物有瑕疵或不符合同规定而引起的请求权、应在货物实际交付买方或买方拒绝接受之日产生。
3. A claim based on fraud committed before or at the time of the conclusion of the contract or during its performance shall accrue on the date on which the fraud was or reasonably could have been discovered.
基于合同订立前或订立时，或在履行此项合同期间的诈欺行为而提出的请求权，应在该项诈欺被发现或照理能够被发现之日产生。
Article ll 第十一条
If the seller has given an express undertaking relating to the goods which is stated to have effect for a certain period of time, whether expressed in terms of a specific period of time or otherwise, the limitation period in respect of any claim arising from the undertaking shall commence on the date on which the buyer notifies the seller of the fact on which the claim is based, but not later than on the date of the expiration of the period of the undertaking.
如卖方就货物提出明确保证，说明在某一期间内有效，不论是否定有具体期间，由于这种保证而引起的请求权的时效期间，应自买方将请求权所根据的事实通知卖方之日起算，但不得迟于这种保证期间届满之日。
Article 12第十二条
1. If, in circumstances provided for by the law applicable to the contract, one party is entitled to declare the contract terminated before the time for performance is due, and exercises this right, the limitation period in respect of a claim based on any such circumstances shall commence on the date on which the declaration is made to the other party. If the contract is not declared to be terminated before performance becomes due, the limitation period shall commence on the date on which performance is due.
如依适用于合同的法律的规定，当事人一方有权在合同开始履行前声明终止合同，并行使了此项权利，则根据此种情况的请求权的时效期间，应自向他方当事人作此声明之日起算。如合同在开始履行前未经声明终止，则时效期间应自开始履行之日起算。
2. The limitation period in respect of a claim arising out of a breach by one party of a contract for the delivery of or payment for goods by installments shall, in relation to each separate installment, commence on the date on which the particular breach occurs. If, under the law applicable to the contract, one party is entitled to declare the contract terminated by reason of such breach, and exercises this right, the limitation period in respect of all relevant instalments shall commence on the date on which the declaration is made to the other party.
CESSATION AND EXTENSION OF THE LIMITATION PERIOD
由于当事人一方违背分期交货或分期付款合同而引起的请求权的时效期间，就每一期来说，应自该项违约行为发生之日起算。如依适用于合同的法律的规定，当事人一方有权以这种违约行为为理由声明终止合同，并行使了此项权利，则全部有关各期的时效期间，应自向他方当事人作此声明之日起算。
时效期间的停止和延长
Article 13第十三条
The limitation period shall cease to run when the creditor performs any act which, under the law of the court where the proceedings are instituted, is recognized as commencing judicial proceedings against the debtor or as asserting his claim in such proceedings already instituted against the debtor, for the purpose of obtaining satisfaction or recognition of his claim.
在债权人作出根据起诉地法院所适用的法律认为是对债务人开始进行司法程序或在已对债务人所提起的这种程序中提出其请求权以期获得清偿或承认的行为时，时效期间应停止计算。
Article 14第十四条
1. Where the parties have agreed to submit to arbitration, the limitation period shall cease to run when either party commences arbitral proceedings in the manner provided for in the arbitration agreement or by the law applicable to such proceedings.
如当事双方已同意提付仲裁，时效期间应在当事人任何一方按照仲裁协议所规定的方式或依适用于此种程序的法律开始进行仲裁程序时，停止计算。
2. In the absence of any such provision, arbitral proceedings shall be deemed to commence on the date on which a request that the claim in dispute be referred to arbitration is delivered at the habitual residence or place of business of the other party or, if he has no such residence or place of business, then at his last known residence or place of business.
如无上述任何规定，仲裁程序应视为在将争执中的请求权提付仲裁的申请送达他方当事人的惯常住所或营业所之日开始；如他方无此种住所或营业所，则在送达其为人所知的最后住所或营业所之日起开始。
Article 15第十五条
In any legal proceedings other than those mentioned in articles 13 and 14, including legal proceedings commenced upon the occurrence of:
在第十三条和第十四条未提到的其他任何法律程序，包括在下列情况发生时开始的法律程序中：
(a) the death or incapacity of the debtor, 债务人死亡或丧失能力。
(b) the bankruptcy or any state of insolvency affecting the whole of the property of the debtor, or
债务人破产或无清偿债务能力，因而影响到债务人的全部财产，或
(c) the dissolution or liquidation of a corporation, company, partnership, association or entity when it is the debtor, the limitation period shall cease to run when the creditor asserts his claim in such proceedings for the purpose of obtaining satisfaction or recognition of the claim, subject to the law governing the proceedings.
作为债务人的公司、商号、合伙、会社或团体的解散或清算。债权人提出请求权以期获得清偿或承认时，除有关该程序的法律另有规定者外，时效期间应停止计算。
Article 16第十六条
For the purposes of articles 13, 14 and 15, any act performed by way of counterclaim shall be deemed to have been performed on the same date as the act performed in relation to the claim against which the counterclaim is raised, provided that both the claim and the counterclaim relate to the same contract or to several contracts concluded in the course of the same transaction.
就适用第十三条、第十四条和第十五条来说，为提出反请求权而作出的任何行为，应视为在从事据以提出反请求权的请求权的有关行为的同日进行，但请求权和反请求权均应与同一合同或与同一交易中所订立的数个合同有关。
Article 17第十七条
1. Where a claim has been asserted in legal proceedings within the limitation period in accordance with article 13, 14, 15 or 16, but such legal proceedings have ended without a decision binding on the merits of the claim, the limitation period shall be deemed to have continued to run.
如依照第十三条、第十四条、第十五条和第十六条在时效期间内进行法律程序提出请求权，但此种法律程序终结时并未就请求权的是非曲直具有拘束力的最后判决时，时效期间应视为持续计算。
2. If, at the time such legal proceedings ended, the limitation period has expired or has less than one year to run, the creditor shall be entitled to a period of one year from the date on which the legal proceedings ended.
如果此种法律程序终结时，时效期间业已届满或者剩下不足一年、债权人自该项法律程序终结之日起应另享有一年的期间。
Article 18第十八条
1. Where legal proceedings have been commenced against one debtor, the limitation period prescribed in this Convention shall cease to run against any other party jointly and severally liable with the debtor, provided that the creditor informs such party in writing within that period that the proceedings have been commenced.
如已对一债务人开始进行法律程序，本公约所规定的时效期间对于与该债务人负有连带及个别责任的任何其他当事人应停止计算，但债权人应在该期间内将业已开始进行法律程序的事实以书面通知该当事人。
2. Where legal proceedings have been commenced by a subpurchaser against the buyer, the limitation period prescribed in this Convention shall cease to run in relation to the buyer's claim over against the seller, if the buyer informs the seller in writing within that period that the proceedings have been commenced.
如转买人对买方已开始进行法律程序，则本公约规定的时效期间，就买方对卖方的请求权而言应停止计算，只要买方在该期间内将业已开始进行法律程序的事实的书面通知卖方。
3. Where the legal proceedings referred to in paragraphs 1 and 2 this article have ended, the limitation period in respect of the claim of the creditor or the buyer against the party jointly and severally liable or against the seller shall be deemed not to have ceased running by virtue of paragraphs 1 and 2 of this article, but the creditor or the buyer shall be entitled to an additional year from the date on which the legal proceedings ended, if at that time the limitation period had expired or had less than one year to run.
在本条第(1)款和第(2)款所称法律程序终结时，债权人或买方对负有连带或个别责任的当事人或对卖方所提请求权的时效期间，应视为不因本条第(1)款和第(2)款而停止计算，但如在法律程序终结时，时效期间业已届满或剩下不足一年，债权人或买方自该项法律程序终结之日起应另享有一年的期间。
Article 19第十九条
Where the creditor performs, in the State in which the debtor has his place of business and before the expiration of the limitation period, any act, other than the acts described in articles 13, 14, 15 and 16, which under the law of that State has the effect of recommencing a limitation period, a new limitation period of four years shall commence on the date prescribed by that law.
如债权人在时效期间届满以前，并在债务人有营业所的国家内从事第十三条、第十四条、第十五条和第十六条规定以外的其他任何行为，根据该国法律具有重新开始原时效期间的效力，一个新的四年时效期间应自该国法律规定的日期开始。
Article 20第二十条
1. Where the debtor, before the expiration of the limitation period, acknowledges in writing his
obligation to the creditor, a new limitation period of four years shall commence to run from the date of such acknowledgement.
如债务人在时效期间届满前以书面向债权人承认其所负责务，一个新的四年时效期间应自此种承认之日起算。
2. Payment of interest or partial performance of an obligation by the debtor shall have the same effect as an acknowledgement under paragraph (1) of this article if it can reasonably be inferred from such payment or performance that the debtor acknowledges that obligation.
债务人付给利息或偿还部分债务，应与本条第(1)款所称的承认具有同等效力，只要从这种付给或偿还可以合理地推定该债务人承认该项债务。
Article 21第二十一条
Where, as a result of a circumstance which is beyond the control of the creditor and which he could neither avoid nor overcome, the creditor has been prevented from causing the limitation period to cease to run, the limitation period shall be extended so as not to expire before the expiration of one year from the date on which the relevant circumstance ceased to exist.
如由于债权人无法控制或不能避免或克服的情况、债权人不能使时效期间停止计算，时效期间应予延长，使之不致在有关情况消失之日起一年期满以前即行届满。
MODIFICATION OF THE LIMITATION PERIOD BY THE PARTIES
当事人对时效期间的变更
Article 22第二十二条
1. The limitation period cannot be modified or affected by any declaration or agreement between the parties, except in the cases provided for in paragraph (2) of this article.
除本条第(2)款规定的情形外，时效期间不能由当事人之间的任何声明或协议加以变更或影响。
2. The debtor may at any time during the running of the limitation period extend the period by a
declaration in writing to the creditor. This declaration may be renewed.
债务人在时效期间持续中，得随时向债权人提出书面声明延长该期间。此项声明可以续展。
3. The provisions of this article shall not affect the validity of a clause in the contract of sale which
stipulates that arbitral proceeding shall be commenced within a shorter period of limitation than that prescribed by this Convention, provided that such clause is valid under the law applicable to the contract of sale.
本条各款不影响货物销售合同中规定仲裁程序应在比本公约所规定者更短的时效期间内开始进行的条款的效力。但以该项条款适用于货物销售合同的法律为有效者为限。
GENERAL LIMIT OF THE LIMITATION PERIOD 时效期间的一般限制
Article 23第二十三条
Notwithstanding the provisions of this Convention, a limitation period shall in any event expire not later than ten years from the date on which it commenced to run under articles 9, 10, 11 and 12 of this Convention.
不问本公约的规定如何，时效期间无论如何都应依本公约第九条、第十条、第十一条和第十二条规定开始起算之日起十年内届满。
CONSEQUENCES OF THE EXPIRATION OF THE LIMITATION PERIOD
时效期间届满的后果
Article 24 第二十四条
Expiration of the limitation period shall be taken into consideration in any legal proceedings only if invoked by a party to such proceedings.
在任何法律程序中，时效期间的届满，只能根据该法律程序一方的请求，才予以考虑。
Article 25第二十五条
1. Subject to the provisions of paragraph (2) of this article and of article 24, no claim shall be recognized or enforced in any legal proceedings commenced after the expiration of the limitation period.
除本条第二款和第二十四条所规定者外，任何请求权在时效期间届满后开始进行的任何法律程序中，均不得予以承认或执行。
2. Notwithstanding the expiration of the limitation period, one party may rely on his claim as a defence or for the purpose of set-off against a claim asserted by the other party, provided that in the latter case this may only be done:
尽管时效期间已经届满，当事人一方仍得凭藉其请求权进行抗辩或用以抵销他方当事人所提出的请求权，但在后一情况下，只有符合以下条件，才能进行:
(a) if both claims relate to the same contract or to several contracts concluded in the course of the same transaction; or
双方的请求权涉及同一合同或在同一交易中订立的数个合同；或
(b) if the claims could have been set-off at any time before the expiration of the limitation period.
这些请求权在时效期间届满以前随时都可以抵销。
Article 26 第二十六条
Where the debtor performs his obligation after the expiration of the limitation period, he shall not on that ground be entitled in any way to claim restitution even if he did not know at the time when he performed his obligation that the limitation period had expired.
债务人如在时效期间届满后偿还他的债务，即使他在偿还时不知时效期间已经届满，也决不因此就有权请求收回。
Article 27 第二十七条
The expiration of the limitation period with respect to a principal debt shall have the same effect with respect to an obligation to pay interest on that debt.
主债务的时效期间的届满，对该债务利息的付给义务具有同等效力。
CALCULATION OF THE PERIOD 时效期间的计算
Article 28第二十八条
1. The limitation period shall be calculated in such a way that it shall expire at the end of the day which corresponds to the date on which the period commenced to run. If there is no such corresponding date, the period shall expire at the end of the last day of the last month of the limitation period.
)时效期间的计算，应在与该期间起算之日的对应日期终结时届满。如无此种对应日期，该期间应在时效期间的最后一个月的最末一日终结时属满。
2. The limitation period shall be calculated by reference to the date of the place where the legal
proceedings are instituted.
时效期间应依照进行法律程序地点的日期计算。
Article 29第二十九条
Where the last day of the limitation period falls on an official holiday or other dies non juridicus precluding the appropriate legal action in the jurisdiction where the creditor institutes legal proceedings or asserts a claim as envisaged in articles 13, 14 or 15, the limitation period shall be extended so as not to expire until the end of the first day following that official holiday or dies non juridicus on which such proceedings could be instituted or on which such a claim could be asserted in that jurisdiction.
如时效期间的最后一日适逢债权人依第十三条、第十四条或第十五条提起法律程序或提出请求权的管辖地的一个法定假日或休庭日，因而不能进行适当的法律行为时，该时效期间应予延长至法定假日休庭日的次日终结时，始算届满，以便能在该管理地提起此种程序或提出此种请求权。
Article 30 INTERNATIONAL EFFECT第三十条 国际效力
The acts and circumstances referred to in articles 13 through 19 which have taken place in one
Contracting State shall have effect for the purposes of this Convention in another Contracting State, provided that the creditor has taken all reasonable steps to ensure that the debtor is informed of the relevant act or circumstances as soon as possible.
在一个缔约国内所发生的第十三条至第十九条所称的行为或情况，就本公约来说，应在另一缔约国内具有效力，但债权人应采取一切合理步骤，保证尽速将有关行为或情况通知债务人。
Part II. Implementation 第二部分 执 行
Article 31第三十一条
1. If a Contracting State has two or more territorial units in which, according to its constitution, different systems of law are applicable in relation to the matters dealt with in this Convention, it may, at the time of signature, ratification or accession, declare that this Convention shall extend to all its territorial units or only to one or more of them, and may amend its declaration by submitting another declaration at any time.
如缔约国有两个或两个以上的领土单位，按照该国宪法，关于本公约所规定的事项应适用不同的法律体系，该国可在签署、批准或加入时，声明本公约将适用于该国全部领土单位或仅适用于其中的一个或数个单位，并可随时提出另一声明以修改其已作出的声明。
2. These declarations shall be notified to the Secretary-General of the United Nations and shall state expressly the territorial units to which the Convention applies.
此种声明应通知给联合国秘书长、并明确地说明适用本公约的领土单位。
3. If a Contracting State described in paragraph (1) of this article makes no declaration at the time of signature, ratification or accession, the Convention shall have effect within all territorial units of that State.
如本条第(1)款所称的缔约国在签署、批准或加入时并未作出声明，本公约在该国所有领土单位中都应有效。
4. If, by virtue of a declaration under this article, this Convention extends to one or more but not all of the territorial units of a Contracting State, and if the place of business of a party to a contract is located in that State, this place of business shall, for the purposes of this Convention, be considered not to be in a Contracting State, unless it is in a territorial unit to which the Convention extends.
Article 32第三十二条
Where in this Convention reference is made to the law of a State in which different systems of law
apply, such reference shall be construed to mean the law of the particular legal system concerned.
本公约所称的一个适用不同法律体系的国家的法律应被解释为其一有关法律体系的法律。
Article 33 第三十三条
Each Contracting State shall apply the provisions of this Convention to contracts concluded on or after the date of the entry into force of this Convention.
每一缔约国应将本公约的规定适用于在本公约生效之日或以后所订立的合同。
Part III. Declarations and reservations 第三部分 声明和保留
Article 34 第三十四条
1. Two or more Contracting States which have the same or closely related legal rules on matters governed by this Convention may at any time declare that the Convention shall not apply to contracts of international sale of goods where the parties have their places of business in those States. Such declarations may be made jointly or by reciprocal unilateral declarations.
两个或两个以上缔约国得随时声明，在其中一国有营业所的卖方，同在其中另一国有营业所的买方之间所订立的货物销售公约不适用本公约，因为这些国家就本公约所规定的事项适用相同的或密切相关的法律规则。
2. A Contracting State which has the same or closely related legal rules on matters governed by this Convention as one or more non-Contracting States may at any time declare that the Convention shall not apply to contracts of international sale of goods where the parties have their places of business in those States.
3. If a State which is the object of a declaration under paragraph (2) of this article subsequently becomes a Contracting State, the declaration made shall, as from the date on which this Convention enters into force in respect of the new Contracting State, have the effect of a declaration made under paragraph (1), provided that the new Contracting State joins in such declaration or makes a reciprocal unilateral declaration.
Article 35第三十五条
A Contracting State may declare, at the time of the deposit of its instrument of ratification or accession, that it will not apply the provisions of this Convention to actions for annulment of the contract.
缔约国在交存批准书或加入书时，可声明对于废除合同的行为不适用本公约的规定。
Article 36第三十六条
Any State may declare, at the time of the deposit of its instrument of ratification or accession, that it shall not be compelled to apply the provisions of article 24 of this Convention.
Any State may declare at the time of the deposit of its instrument of accession or its notification under article 43 bis that it will not be bound by the amendments to article 3 made by article I of the 1980 Protocol5. A declaration made under this article shall be in writing and be formally notified to the depositary.
任何国家可在交存本公约批准书或加入书时，声明不得强制它适用本公约第二十四条的规定。
Article 37 第三十七条
This Convention shall not prevail over any international agreement which has already been or may be entered into, and which contains provisions concerning the matters governed by this Convention, provided that the seller and buyer have their places of business in States parties to such agreement.
本公约对已经订立或可能订立含有本公约所规定事项的条款的公约，无优先效力，但以卖方和买方在此种公约缔约国内有营业所为条件。
Article 38第三十八条
1. A Contracting State which is a party to an existing convention relating to the international sale of goods may declare, at the time of the deposit of its instrument of ratification or accession, that it will apply this Convention exclusively to contracts of international sale of goods as defined in such existing convention.
缔约国如已参加一个现行国际货物销售公约，可在存交本公约批准书或加入书时，声明它仅对该现行公约所规定的国际货物销售合同适用本公约。
2. Such declaration shall cease to be effective on the first day of the month following the expiration of twelve months after a new convention on the international sale of goods, concluded under the auspices of the United Nations, shall have entered into force.
此种声明应在联合国主持下缔订的新的国际货物销售合同发生效力满十二个月后第一个月的第一天失效。
Article 39第三十九条
No reservation other than those made in accordance with articles 34, 35, 36, 36 be and 38 shall be
permitted.
除依第三十四条、第三十五条、第三十六条和第三十八条规定提出的保留外，不得再作任何其他保留。
Article 40第四十条
1. Declarations made under this Convention shall be addressed to the Secretary-General of the United Nations and shall take effect simultaneously with the entry of this Convention into force in respect of the State concerned, except declarations made thereafter. The latter declarations shall take effect on the first day of the month following the expiration of six months after the date of their receipt by the Secretary- General of the United Nations.* Reciprocal unilateral declarations under article 34 shall take effect on the first day of the month following the expiration of six months after the receipt of the latest declaration by the Secretary-General of the United Nations.
依本公约所作的声明应送交联合国秘书长、并应与本公约对有关的国家生效时生效，但在公约生效后所作的声明不在此限。公约生效后所作的声明的生效日期应为联合国秘书长收到该项声明之日六个月后的第一个月的第一天。
2. Any State which has made a declaration under this Convention may withdraw it at any time by a notification addressed to the Secretary-General of the United Nations. Such withdrawal shall take effect on the first day of the month following the expiration of six months after the date of the receipt of the notification by the Secretary-General of the United Nations. In the case of a declaration made under article 34 of this Convention, such withdrawal shall also render inoperative, as from the date on which the withdrawal takes effect, any reciprocal declaration made by another State under that article.
依本公约作出声明的国家得随时通知联合国秘书长撤回其声明。此种撤回应在秘书长收到通知之日六个月后的第一个月的第一天生效。如果是根据公约第三十四条所作的声明，其撤回自生效之日起，也使另一国家根据该条新作的相应声明无效。
Part IV. Final clauses第四部分 最后条款
Article 41第四十一条
This Convention8 shall be open until 31 December 1975 for signature by all States at the Headquarters of the United Nations.
本公约在1975年12月31日以前，听由所有国家在联合国总部签署。
Article 42 第四十二条
This Convention8 is subject to ratification. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.
本公约须经批准。批准书应送交联合国秘书长存放。
Article 43 第四十三条
This Convention8 shall remain open for accession by any State. The instruments of accession shall be deposited with the Secretary-General of the United Nations.
本公约听由任何国家加入。加入书应送交联合国秘书长存放。
If a State ratifies or accedes to the 1974 Limitation Convention after the entry into force of the 1980 Protocol, the ratification or accession shall also constitute a ratification or an accession to the
Convention as amended by the 1980 Protocol if the State notifies the depositary accordingly. Article 43 ter (Article VIII (2) of the Protocol)
Accession to the 1980 Protocol by any State which is not a Contracting Party to the 1974 Limitation Convention shall have the effect of accession to that Convention as amended by the Protocol, subject to the provisions of article 44.
Article 44第四十四条
1. This Convention shall enter into force on the first day of the month following the expiration of six months after the date of the deposit of the tenth instrument of ratification or accession.
本公约应在第十个批准书或加入书存放之日起六个月后的第一个月的第一天生效。
2. For each State ratifying or acceding to this Convention after the deposit of the tenth instrument of ratification or accession, this Convention shall enter into force on the first day of the month following the expiration of six months after the date of the deposit of its instrument of ratification or accession.
对于在第十个批准书或加入书存放后批准或加入本公约的国家，本公约应在各该国交存批准书或加入书之日起六个月后的第一个月的第一天生效。
Article 44 bis (Article XI of the Protocol)
Any State which becomes a Contracting Party to the 1974 Limitation Convention, as amended by the
1980 Protocol, shall, unless it notifies the depositary to the contrary, be considered to be also a
Contracting Party to the Convention, unamended, in relation to any Contracting Party to the Convention not yet a Contracting Party to the 1980 Protocol.
Article 45第四十五条
1. Any Contracting State may denounce this Convention by notifying the Secretary-General of the
United Nations to that effect.
任何缔约国可以通知联合国秘书长的方式，声明退出本公约。
2. The denunciation shall take effect on the first day of the month following the expiration of twelve months after receipt of the notification by the Secretary-General of the United Nations.
该项退出声明应在联合国秘书长收到此项通知12个月的第一个月的第一天生效。
Article 45 bis (Article XIII (3) of the Protocol)
Any Contracting State in respect of which the 1980 Protocol ceases to have effect by the application of paragraphs (1) and (2)9 of article XIII of 1980 Protocol shall remain a Contracting Party to the 1974 Limitation Convention, unamended, unless it denounces the unamended Convention in accordance with article 45 of that Convention.
Article 46 第四十六条
The original of this Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.
本公约正本应送交联合国秘书长存放，其中文、英文、法文、俄文和西班牙文各种文本具有同等效力。
II. Explanatory Note by the UNCITRAL Secretariat on the Convention on the Limitation Period in the International Sale of Goods and the Protocol amending the Convention on the Limitation
Period in the International Sale of Goods 10
INTRODUCTION
1. The Convention on the Limitation Period in the International Sale of Goods (New York, 1974)
provides uniform international legal rules governing the period of time within which a party under a contract for the international sale of goods must commence legal proceedings against the other party to assert a claim arising from the contract or relating to its breach, termination or invalidity. This period is referred to in the Convention as the "limitation period". The basic aims of the limitation period are to prevent the institution of legal proceedings at such a late date that the evidence relating to the claim is likely to be unreliable or lost and to protect against the uncertainty and injustice that would result if a party were to remain exposed to unasserted claims for an extensive period of time.
2. The Limitation Convention grew out of the work of the United Nations Commission on International Trade Law (UNCITRAL) towards the harmonization and unification of international sales law, which also resulted in the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) (hereinafter referred to as the "United Nations Sales Convention"). During that work it was observed that, while most legal systems limited or prescribed a claim from being asserted after the lapse of a specified period of time, numerous disparities existed among legal systems with respect to the conceptual basis for doing so. As a result there were disparities in the length of the period and in the rules governing the limitation or prescription of claims after that period. Those disparities created difficulties in the enforcement of claims arising from international sales transactions, and thus burdened international trade.
3. In view of those problems UNCITRAL decided to prepare uniform international legal rules on the limitation period in the international sale of goods. On the basis of a draft Convention prepared by UNCITRAL, a diplomatic conference convened in New York by the General Assembly adopted the Limitation Convention on 14 June 1974. The Limitation Convention was amended by a Protocol adopted in 1980 by the diplomatic conference that adopted the United Nations Sales Convention, in order to harmonize the Limitation Convention with the latter Convention.
4. The Limitation Convention entered into force on 1 August 1988. As of 31 January 1990, 11 States had ratified or acceded the Convention. Czechoslovakia, Dominican Republic, Ghana, Norway and Yugoslavia are parties to the unamended Convention. Argentina, Egypt, German Democratic Republic, Hungary, Mexico and Zambia are parties to the Convention as amended by the 1980 Protocol.
A. SCOPE OF APPLICATION
5. The Convention applies to contracts for the sale of goods between parties whose places of business are in different States if both of those States are Contracting States. Under the 1980 Protocol the Convention also applies if the rules of private international law make the law of a Contracting State applicable to the contract. However, in becoming a party to the Protocol a State may declare that it will not be bound by that provision. Each Contracting State must apply the Convention to contracts concluded on or after the date of the entry into force of the Convention.
6. The application of the Convention is excluded in certain situations. Firstly, the Convention will not apply if the parties to a sales contract expressly exclude its application. This provision gives effect to the basic principle of freedom of contract in the international sale of goods. Secondly, the Convention will not apply in certain cases where matters covered by the Convention are governed by other Conventions. Thirdly, Contracting States are permitted to deposit declarations or reservations excluding the application of the Convention in the following situations: two or more Contracting States may exclude the application of the Convention to contracts between parties having their places of business in those States when the States apply to those contracts the same or closely related legal rules. So far, one State has availed itself of that declaration. In addition, a State may exclude the application of the Convention to actions for annulment of the contract. No State has thus far availed itself of such a declaration.
7. Since the Convention applies only in respect of international sales contracts, it clarifies whether
contracts involving certain services are covered. A contract for the supply of goods to be manufactured or produced is considered to be a sales contract unless the party who orders the goods undertakes to supply a substantial part of the materials necessary for their manufacture or production. Furthermore, when the preponderant part of the obligations of the party who furnishes the goods consists in the supply of labor or other services, the Convention does not apply.
8. The Convention contains a list of types of sales that are excluded from the Convention, either because of the purpose of the sale (goods bought for personal, family or household use (under the 1980 Protocol sales of those goods are covered by the Convention if the seller could not have known that they were bought for such use)), the nature of the sale (sales by auction, on execution or otherwise by law) or the nature of the goods (stocks, shares, investment securities, negotiable instruments, money, ships, vessels, aircraft or electricity (the 1980 Protocol adds hovercraft)).
9. The Convention makes it clear that it applies only to the usual type of commercial claims based on contract. It specifically excludes claims based on death or personal injury; nuclear damage; a lien, mortgage or other security interest; a judicial judgment or award; a document on which direct
enforcement or execution can be obtained; and a bill of exchange, cheque or promissory note. The
limitation periods for those claims are generally subject to particular rules and it would not necessarily be appropriate to apply in respect of those claims the rules applicable to ordinary commercial contractual claims.
B. DURATION AND COMMENCEMENT OF LIMITATION PERIOD
10. The duration of the limitation period under the Convention is four years. The period cannot be
modified by agreement of the parties, but it can be extended by a written declaration of the debtor during the running of the period. Also, the contract of sale may stipulate a shorter period for the commencement of arbitral proceedings, if the stipulation is valid under the law applicable to the contract. Rules are provided as to how the period should be calculated.
11. A limitation period of four years' duration was thought to accomplish the aims of the limitation
period and yet to provide an adequate period of time to enable a party to an international sales contract to assert his claim against the other party. Circumstances where an extension or recommencement of the limitation period would be justified are dealt with in particular provisions of the Convention.
12. With respect to the time when the limitation period commences to run, basic rule is that it commences on the date on which the claim accrues. The Convention establishes when claims for breach of contract, for defects in the goods or other lack of conformity and for fraud are deemed to accrue. Special rules are provided for the commencement of the limitation period in two particular cases: where the seller has given the buyer an express undertaking (such as a warranty or guarantee) relating to the goods which is stated to have effect for a certain period of time, and where a party terminates the contract before the time for performance is due. Rules are also provided in respect of claims arising from the breach of an instalment contract and claims based on circumstances giving rise to a termination of such a contract.
C. CESSATION AND EXTENSION OF LIMITATION PERIOD
13. Having established the time of commencement and the length of the limitation period, the
Convention sets forth rules concerning the cessation of the period. The period ceases to run when the claimant commences judicial or arbitral proceedings against the debtor, or when he asserts his claim in existing proceedings. A counterclaim is deemed to have been asserted on the same date as the date when the proceedings in which the counterclaim is asserted were commenced, if the counterclaim and the claim against which it is raised relate to the same contract or to several contracts concluded in the course of the same transaction.
14. Judicial or arbitral proceedings commenced by a claimant within the limitation period might terminate without a binding decision on the merits of the claim, for example, because the court or
arbitral tribunal lacks jurisdiction or because of a procedural defect. The creditor would normally be able to pursue his claim by commencing new proceedings. Thus, the Convention provides that if the original proceedings end without a binding decision on the merits the limitation period will be deemed to have continued to run. However, by the time the original proceedings have ended, the limitation period might have expired, or there might remain insufficient time for the claimant to commence new proceedings. To protect the claimant in those cases the Convention grants him an additional period of one year to commence new proceedings.
15. The Convention contains rules to resolve in a uniform manner questions concerning the running of the limitation period in two particular cases. Firstly, it provides that where legal proceedings have been commenced against one party to the sales contract, the limitation period ceases to run against a person jointly and severally liable with him if the claimant informs that person in writing within the limitation period that the proceedings have been commenced. Secondly, it provides that where proceedings have been commenced against a buyer by a party who purchased the goods from him, the limitation period ceases to run in respect of the buyer's recourse claim against the seller if the buyer informs the seller in writing within the limitation period that the proceedings against the buyer have been commenced. Where the proceedings in either of those two cases have ended, the limitation period in respect of the claim against the jointly and severally liable person or against the seller will be deemed to have continued to run without interruption, but there will be an additional year to commence new proceedings if at that
time the limitation period has expired or has less than a year to run.
16. One effect of the provision mentioned above relating to the buyer is to enable him to await the
outcome of the claim against him before commencing an action against his seller. This enables the buyer to avoid the trouble and expense of instituting proceedings against the seller and the disruption of their good business relationship if it turns out that the claim against the buyer was not successful.
17. Under the Convention the limitation period recommences in two cases: if the creditor performs in the debtor's State an act that, under the law of that State, has the effect of recommencing a limitation period, or if the debtor acknowledges in writing his obligation to the creditor or pays interest or partially performs the obligation from which his acknowledgement can be inferred.
18. The Convention protects a creditor who was prevented from taking the necessary acts to stop the running of the limitation period in extreme cases. It provides that when the creditor could not take those acts as a result of a circumstance beyond his control and which he could neither avoid nor overcome, the limitation period will be extended so as to expire one year after the date when the circumstance ceased to exist.
D. OVERALL LIMIT OF LIMITATION PERIOD
19. Since the limitation period may, under the circumstances noted above, be extended or recommence, the Convention establishes an overall time period of 10 years, from the date on which the limitation period originally commenced to run, beyond which no legal proceedings to assert the claim may be commenced under any circumstances. The theory behind that provision is that enabling proceedings to be brought after that time would be inconsistent with the aims of the Convention in providing a definite limitation period.
E. CONSEQUENCES OF EXPIRATION OF LIMITATION PERIOD
20. The principal consequence of the expiration of the limitation period is that no claim will be
recognized or enforced in legal proceedings commenced thereafter. The expiration of the limitation period will not be taken into consideration in legal proceedings unless it is invoked by a party to the proceedings. However, in light of views expressed at the diplomatic conference that adopted the Convention that the limitation or prescription of actions was a matter of public policy and that a court should be able to take the expiration of the limitation period into account on its own initiative, a Contracting State is permitted to declare that it will not apply that provision. No State has thus far made such a declaration.
21. Even after the limitation period has expired a party can in certain situations raise his claim as a
defense to or set-off against a claim asserted by the other party.
F. OTHER PROVISIONS AND FINAL CLAUSES
22. Other provisions of the Convention deal with implementation of the Convention in States having two or more territorial units where different legal systems exist. A series of provisions deals with declarations and reservations permitted under the Convention and with procedures for making and withdrawing them. The permitted declarations and reservations have been mentioned above; no others may be made under the Convention.
23. The final clauses contain the usual provisions relating to the Secretary-General of the United Nations as depositary of the Convention. The Convention is subject to ratification by States that signed the Convention by 31 December 1975 and for accession by States that did not do so. The Chinese, English, French, Russian and Spanish texts of the Convention are equally authentic.
24. The Secretary-General of the United Nations is also the depositary of the 1980 Protocol amending the Convention, which is open for accession by all States. Since the Protocol has already received the necessary number of accessions, the Convention as amended by the Protocol will enter into force on the same date as the unamended Convention, i.e. on 1 August 1988.
25. A State that ratifies or accedes to the Convention after the Convention and Protocol come into force will become a party to the Convention as amended by the Protocol if it notifies the depositary accordingly. The Convention as amended will enter into force for that State on the first day of the month following the expiration of 6 months after the date of deposit of its instrument of ratification or accession. Accession to the Protocol by a State that is not a Contracting Party to the Convention constitutes accession to the Convention as amended by the Protocol. Further information can be obtained from:
UNCITRAL Secretariat
P.O. Box 500
Vienna International Centre
A-1400 Vienna
Austria
Telephone: (43)(1) 26060-4060
Telefax: (43)(1) 26060-5813
e-mail: uncitral@uncitral.org
NOTES
1 Text as amended in accordance with article I of the 1980/Protocol. States that make a declaration under article 36/bis (article XII of the 1980 Protocol) will be bound by article 3 as originally adopted in the Limitation Convention, 1974. Article/3 as originally adopted reads as follows: "Article 3
1. This Convention shall apply only if, at the time of the conclusion of the contract, the places of business of the parties to a contract of international sale of goods are in Contracting States.
2. Unless this Convention provides otherwise, it shall apply irrespective of the law which would
otherwise be applicable by virtue of the rules of private international law.
3. This Convention shall not apply when the parties have expressly excluded its application."
2 Text of paragraphs (a) and (e) as amended in accordance with article II of the 1980 Protocol. Paragraphs (a)
and (e) of article 4 as originally adopted in the Limitation Convention, 1974, prior to its amendment under the
1980 Protocol, read as follows:
(a) of goods bought for personal, family or household use;
(e) of ships, vessels, or aircraft;
3 New Paragraph 4, added in accordance with article III of the 1980 Protocol.
4 Text as amended in accordance with article IV of the 1980 Protocol. Article 34 as originally adopted in the Limitation Convention, 1974, prior to its amendment under the 1980 Protocol, read as follows: "Article 34 Two or more Contracting States may at any time declare that contracts of sale between a seller having a place of business in one of these States and a buyer having a place of business in another of these States shall not be governed by this Convention, because they apply to the matters governed by this Convention the same or closely related legal rules."
5 Such a State will then be bound by article 3 of the unamended Convention. For its text, see footnote under article 3.
6 Text as amended in accordance with article V of the Protocol. Article 37 as originally adopted in the Limitation Convention, 1974, prior to its amendment under the 1980 Protocol, read as follows:
"Article 37 This Convention shall not prevail over conventions already entered into or which may be entered into, and which contain provisions concerning the matters governed by this Convention, provided that the seller and buyer have their places of business in States parties to such a convention."
7 Last sentence of paragraph 1 of article 40 (between asterisks) added in accordance with article VI of the 1980 Protocol.
8 Refers to the 1974 Limitation Convention
9 Paragraphs (1) and (2) of article XIII of the Protocol read as follows:
"(1) A Contracting State may denounce this Protocol by notifying the depositary to that effect.
(2) The denunciation shall take effect on the first day of the month following the expiration of
twelve months after receipt of the notification by the depositary."
10 This note has been prepared by the secretariat of the United Nations Commission on International Trade Law for informational purposes; it is not an official commentary on the Convention. A commentary on the unamended Convention prepared at the request of the United Nations Conference on Prescription (Limitation) in the International Sale of Goods appears in A/CONF.63/17 (reprinted in Yearbook of The United Nations Commission on International Trade Law, vol. X:1979 (United Nations Publication, Sales No. E.81.V.2), part three, chap. I and in UNCITRAL: The United Nations Commission on International Trade Law (United Nations
Publication, Sales No. E.86.V.8), Annex II.B).
