Art. 71 CISG

(1) A party may suspend the performance of his obligations if, after the conclusion of the contract, it becomes apparent that the other party will not perform a substantial part of his obligations as a result of:

(a) a serious deficiency in his ability to perform or in his creditworthiness; or

(b) his conduct in preparing to perform or in performing the contract.

(2) If the seller has already dispatched the goods before the grounds described in the preceding paragraph become evident, he may prevent the handing over of the goods to the buyer even though the buyer holds a document which entitles him to obtain them. The present paragraph relates only to the rights in the goods as between the buyer and the seller.

(3) A party suspending performance, whether before or after dispatch of the goods, must immediately give notice of the suspension to the other party and must continue with performance if the other party provides adequate assurance of his performance.

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Secretariat Commentary

The Secretariat Commentary on Art. 62 of the 1978 New York Draft, predecessor to Art. 71 CISG, gives insight into the drafters' unterstanding on the eve of the 1980 Vienna Diplomatic Conference.

Commentary on the Draft Convention on Contracts for the International Sale of Goods, prepared by the Secretariat (UN Doc. A/CONF.97/5), in: United Nations Conference on Contracts for the International Sale of Goods, Vienna, 10 March – 11 April 1980, Official Records: Documents of the Conference and Summary Records of the Plenary Meetings and of the Meetings of the Main Committees, New York: United Nations (1991), pp. 14 et seq., at pp. 52—53

Overview of case law on Art. 71 CISG: UNCITRAL Digest

The UNCITRAL Digest on the CISG can be used as a starting point to discover the relevant case law on this article.

2016 UNCITRAL Digest of case law on Art. 71 CISG

Interpretation of Art. 71 CISG: Selected issues discussed in case law

Effect of right of stoppage under Art. 71(2) CISG on the carrier of the goods

Genfoot Inc. v. SCHENKERocean Ltd.
Noregs Høgsterett (Norwegian Supreme Court)
Norway, 06 February 2019 – HR-2019-231-A (sak nr. 18-051892SIV-HRET), CISG-online 4318