Mª del Pilar Perales Viscasillas*

An Analysis of BGH 9 January 2002’ provides an analysis of the impact of the CISG where a contract consists of conflicting provisions by virtue of the parties’ ‘battle of the forms’. This article considers the divergent views expressed on this issue among scholars and in the case, as well as looking at the relevant international and domestic legal rules, in light of the Federal Supreme Court of Germany (Bundesgerichtshof) decision of 9 January 2002. Reference is also made to the issue of burden of proof. A copy of the case translation for this decision, undertaken by Alston & Bird LLP, William M. Barron and Birgit Kurtz, is also included in this edition.

*  Commercial Law Professor, University Carlos III of Madrid.