Q 10-1
What is the significance of the ‘place of business’?
The place of business is important for determining a number of questions, such as whether the Convention applies, where delivery or payment must be made, whether the risk has passed, and so on.
Q 10-2
(a) What difficulty arises from the fact that Article 10(a) CISG simultaneously relies on the closeness to the contract and its performance?
(b) In case law, what have been the indicating factors for deciding which out of several places of business has the closest connection to the contract and its performance? See C 10-1.
(a) A contract may have been negotiated, concluded, modified etc at a place other than the place at which the contractual obligations are subsequently performed.
(b) The centre of gravity of the contract is the relevant element. It mainly depends on the place where the person in charge of the contract (contract communication) is located and the place where the decisions regarding the contract are taken.
Q 10-3
Is the parties’ nationality significant in answering the question of where their place of business is?
The nationality of the parties is irrelevant for the purposes of the CISG.
