Impact of Art. 101 on the interpretation of non-CISG provisions

Beyond its actual sphere of application, Art. 101 CISG has occasionally been used as guidance by courts when interpreting provisions of domestic or international law. Some examples are listed below.

 

North American Free Trade Agreement (NAFTA):

 

 
Czech Republic
Archer Daniels Midland Company and Tate & Lyle Ingredients Americas, Inc. v. The United Mexican States
International Centre for Settlement of Investment Disputes (ICSID)
Arbitration, 20 September 2007 – ARB (AF)/04/5 (Concurring Opinion of Arthur W. Rovine), CISG-online 4644
Reference made to Art. 101 CISG when discussing the power of governments to amend or terminate the rights of investors that have arisen from the NAFTA