The Impact of Electronic Communications on the Formation of International Sales Contracts: Successes and Limitations of CISG Advisory Council Opinion No. 1

Abstract

In the context of a globalized economy, the United Nations Convention on Contracts for the International Sale of Goods (CISG) has been widely applied as the foundational legal framework for transnational sales contracts. However, with the rise of electronic communications, the applicability of the CISG in contract formation has faced several ambiguities. Advisory Council Opinion No. 1 seeks to address these ambiguities by providing clear guidance on the use of electronic communications in international sales contracts. This essay argues that while the Opinion has theoretically resolved many of these issues, certain limitations remain. The essay firstly reviews the CISG’s ambiguities in contract formation, then assesses the successes of Advisory Council Opinion No. 1 in addressing these issues, and finally examines the remaining challenges and limitations that the Opinion does not fully resolve.