ICAC Arbitration proceeding 356/1999 (Russia) preponderant: interpreted as meaning 50% or more. So if the services constitute 50% or more of the totality of the contract then the transaction is outside the scope of the CISG. The CISG advisory council is against fixed benchmarks. 6. What issues are governed by the Convention? 7. Can parties exclude or derogate from the Convention? (1) Seller (S) has its place of business in state X (a contracting state). Buyer (B) has its place of business in state Y (a contracting state). (a) S agrees to sell B 10,000 tonnes of wheat and to ship the wheat from state X to state Y. (b) As in (a), except that the goods are to be shipped from state X to state Z (a non- contracting state). (c) As in (a) except that the goods are to be transported from city F to city G in state Y. (2) S Co. is incorporated in state X and operates several widget manufacturing factories. It also, through its wholly owned subsidiary, T Co., operates 2 further factories in state Y. Both state X and Y are contracting states. B Co. has its place of business in state Y. Consider whether the Vienna Convention applies to the following transactions Distributing prohibited | Downloaded by Jesslyn Meads ([email protected]) lOMoARcPSD|1921809
6 (a) A contract is concluded between T Co. in state Y, and B. (b) The contract is negotiated through the office of T Co. in state Y and B Co. (state Y) but the goods are to be manufactured by S Co. and shipped from state X to state Y.