We recommend taking an active decision on whether to include or exclude the CISG, as this will affect the parties’ rights and obligations in a dispute. On the contrary, the CISG will regularly apply to exports of Swiss companies. The choice of “Swiss law” as the governing law will not lead to the exclusion of the CISG. It is often ignored that the CISG is considered part of the national law of Switzerland and will apply automatically if not excluded. Please click herefor a list of cases where the CISG would in principle apply.
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