In a number of cases, the INCOTERMS delivery terms lead to the same place of delivery and the same delivery obligations that would apply by default under Art. 31 CISG. Since, in such a case, the parties have failed to agree upon ‘another particular place’, Art. 31 CISG continues to apply and the relevant INCOTERMS assume a merely supplementary function. : In practice, establishing the place of performance under Art. 31 CISG is not only of signiﬁcance for the performance of the seller’s obligations, but can also establish juris- diction under some circumstances. If the civil procedural law applicable to disputes arising out of the contract provides for jurisdiction at the place of performance, and if the substantive law of the contract, which determines the place of performance, is the

doi:10.4324/9780203945445-91

Chapter

In a number of cases, the INCOTERMS delivery terms lead to the same place of delivery and the same delivery obligations that would apply by default under Art. 31 CISG. Since, in such a case, the parties have failed to agree upon ‘another particular place’, Art. 31 CISG continues to apply and the relevant INCOTERMS assume a merely supplementary function.

Chapter

ABSTRACT

Thus, in cases of disputes concerning the payment of goods, the concurrent special jurisdiction forum should be determined through the law determining the place of performance of the obligations to pay, which must be identiﬁed through the Italian private international law rules. Under the Convention and pursuant to the case law of the ECJ, the identiﬁcation of the proper forum requires a complex logical approach, as acknowledged by the Advocates General (Advocate General Lenz in Custom Made; Advocate General Leger in Groupe Concorde; and Advocate General Colomer in Leathertex) and the same Court (GIE and Leathertex). The complexity, which depends on the identiﬁcation and characterization of the obligation in dispute as well as on the difﬁculty of determining the lex causae pursuant to the applicable private international law rules, has been only attenuated, but not eliminated, by the uniform rules set forth by the Rome Convention of 1980 concerning the determination of the applicable law in contractual obligations (Custom Made Commercial, cited).