Remedies for breach of contract where only part of the contract has been performed:  Comparison between provisions of the CISG (Articles 51, 73) and the counterpart provisions of the PECL

Christopher Kee*

This is the fourth of four articles in this editions special feature.  The articles collectively provide four comparative analyses of some of the provisions of the CISG and PECL by Ulrich Schroeter, Allison Butler and Christopher Kee. ‘Freedom of Contract (Art. 6 CSIG)’ and ‘Interpretation of "Writing" (Art. 13 CISG)’ by Schroeter, ‘Interpretation of "Place of Business" (Art. 10 CISG)’ by Butler and ‘Remedies for Part Performance (Arts. 51 and 73 CISG)’ by Kee have been written as part of an initiative by the Institute of International Commercial Law of the Pace University School of Law to provide interpretive aids for the use of the CISG - now part of the domestic laws of 61 countries for up to 22 years. The project is edited by Dr John Felemegas of Australia. This comparative law project, in considering the non-organic form of the CISG since its inception, aims to maintain a currency in its application and interpretation through the use of recent restatements of the law of sales, including the PECL.

*   Christopher Kee is a Solicitor at Jerrard & Stuk Lawyers in Melbourne, Australia, <christopher.kee@js.com.au>.  He is presently a Vice President of the Moot Alumni Association of the Willem C. Vis International Commercial Arbitration Moot (MAA).  Christopher is also currently undertaking a M.AppLaw degree at the University of Queensland.