Originally from: The Practitioner’s Guide to the CISG - Second Edition

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§ 8.1 Overview

This section of the CISG provides the seller with a host of remedies to choose from in case of a breach by the buyer. These remedies are always supplemented with damages as provided in Articles 74, 75, 76 and 77.

Remedies include specific performance (Article 62), additional period of grace (so-called Nachfrist in Article 63), avoidance of contract (Article 64) and a right to decide any delayed details or specifications required for performance (Article 65).

There are three key parts to understanding the seller’s remedies:

A) The choice of remedies is for the injured party to make, so the seller may chose these remedies freely except where the breach is not considered fundamental in accordance with Article 25, where Article 64 and avoidance will not be available.

B) Damages will always supplement the available remedial relief, as the CISG operates with a no-fault full compensation rule.

C) Specific performance may well be the primary remedy of the —very pro-contractual—CISG, but it is not commonly accepted in the common law and so the compromise in Article 28 ensures that it will not be used where domestic courts would not otherwise use it.

§ 8.2 Commentary

§ 8.2.1 Article 61: Basis for remedies and damages

(1) If the buyer fails to perform any of his obligations under the contract or this Convention, the seller may:

(a) exercise the rights provided in articles 62 to 65;

(b) claim damages as provided in articles 74 to 77.