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《联合国国际货物销售合同公约》(以下简称《公约》)首先适用于营业地位于不同缔约国的当事人之间订立的货物买卖合同。我国对《公约》第1条第1款b项提出的保留是应当以我国法律为合同准据法为前提。但当事人可以协议排除《公约》的适用。对于不属于《公约》适用范围的合同,当事人也可以协议约定适用《公约》。不能简单地以《民法通则》第142条第2款作为我国法院或仲裁庭适用《公约》的依据。仲裁案件中适用《公约》更为灵活,当事人意思自治的范围更广。
The United Nations Convention on Contracts for the International Sales of Goods (hereinafter referred to as “the Convention”) first applies to contracts of sale and purchase of goods concluded between parties in different Contracting States. My reservation to Article 1, paragraph 1 (b), of the Convention should be premised on the law of our country as the law of contract. However, the parties may agree to exclude the application of the Convention. For contracts that do not fall within the scope of the Convention, the parties may also agree on the application of the Convention. Article 142 (2) of the “General Principles of Civil Law” can not simply be used as the basis for the application of the Convention by our courts or tribunals. The application of the “Convention” in arbitration cases is more flexible and the parties’ autonomy of purpose is more extensive.