ABSTRACT
The German national courts, when applying the CISG, avoid this problem by resorting to private international law.4 Different explanations are used to justify this recourse. Some courts contend that the aim of Art 78 CISG is to provide minimal compensation equal to the rate of interest under the applicable national law.5 Some conclude from the history of Art 78 CISG that the CISG purposely does not regulate the rate of interest or provide a method of calculation and that, therefore, recourse to national law is the only viable alternative.6
