The Vindobona Journal of International Commercial Law and Arbitration
VJ Home: Archive: Abstract Article (1998) 2 VJ 1, 3-35


Interest on Damages and Rate of Interest under Article 78 of the UN Convention on Contracts for the International Sale of Goods

Christian Thiele*

Article 78 grants the right to interest on the purchase price or "any other sum that is in arrears." It is questionable whether this language also extends to claims for damages.

Case law on this issue is very rare. Most published decisions in which interest has been sought seem to deal with actions for the purchase price. Legal scholars, on the other hand, seem to agree that one has a right to interest on damage claims under Article 78 if the amount in question has been liquidated vis-à-vis the other party. Whether this right to interest also applies to unliquidated sums is controversial.

The pertinent question, thus, does not appear to be if Article 78 applies to damages at all, but rather when damages can be considered as being "in arrears" under Article 78.


* LL.M. (Univ. of San Diego)