Case number: 21
Article number: sales convention / 1(1)(a); 7(2); 9 (2)
Thessaurs issue: sales convention 1B1, sales convention 7C2, sales convention 9D2
Country of decision: Argentina
Year of decision: 1991
Type of decision: Judicial decision

Case 21: CISG 1(1)(a); 7(2); 9 (2)
Argentina: Juzgado Nacional de Primera Instancia en lo Commercial No. 7. Secretar·a No. 14. 20 May 1991; judgement not
final
"Elastar Sacifia S/ Concurso preventivo S/ Incidente de Impugnaci¢n por Bettcher Industries Inc."
Original in Spanish
Unpublished

A contract for the international sale of goods between a seller of the state of Ohio, United States of America, and an Argentine
buyer was considered to be governed by CISG because both States had acceded to CISG, the sales contract had been
concluded after CISG had entered into force (article 1(1)(a) CISG) and, according to the commercial invoice, the seller had its
place of business in the state of Ohio. Questions not settled in the Convention are subject to the law of the seller, since in
principle the sale is governed by the law of the domicile of the seller who is responsible for the performance characteristic of
the contract, in accordance with the rules of international private law (article 7(2) CISG).

The seller has a right to interest on the price because this was expressly agreed and notwithstanding the fact that CISG
contains no express provision recognizing payment of interest. It was considered that payment of interest was a widely known
usage in international trade (article 9(2) CISG).