Impact of Art. 7 on the interpretation of non-CISG provisions

Beyond its actual sphere of application, Art. 7 CISG has occasionally been used as guidance by courts when interpreting provisions of domestic or international law. Some examples are listed below.

Australian law:

South Sydney District Rugby League Football Club Ltd v. News Ltd
Federal Court of Australia
Australia, 03 November 2000 – [2000] FCA 1541 / N 1295 of 1999, CISG-online 586

Reference made to Art. 7(1) CISG in discussing a (possible) implied duty of good faith and fair dealing under Australian domestic law

Renard Constructions (ME) Pty Ltd v. Ministry of Public Works
Court of Appeal of New South Wales
Australia, 12 March 1992, CISG-online 44

Reference made to Art. 7(1) CISG in discussing a (possible) duty of good faith performance under judge-made Australian contract law

El Salvador law:

El Salvador prescription case
Corte Suprema de Justicia de El Salvador (Supreme Court of El Salvador)
El Salvador, 22 June 2018 – 319-CAC-2017, CISG-online 4761

Reference made to Art. 7(2) CISG in discussing the hierarchy of sources of law regarding usages and general principles as being different from El Salvador law.

German law:

Good faith as general principle of law case
Verwaltungsgericht Köln (Administrative Court Cologne)
Germany, 10 May 2019 – 6 K 693/17, CISG-online 4427

Reference made (by an administrative court!) to Art. 7(1) CISG (and numerous other sources of German, foreign and historical sources of law) in arguing that good faith constitutes a generally recognized principle of law

New Zealand law:

Bobux Marketing Ltd. v. Raynor Marketing Ltd.
Court of Appeal of New Zealand
New Zealand, 03 October 2001 – CA 245/00, CISG-online 2451

Reference made to Art. 7(1) CISG in discussing the role of good faith in New Zealand domestic contract law.