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The Interplay Between the CISG and the UPICC - The Role of the UNIDROIT Principles in the Interpretation and Supplementation of the CISG

Gaona Loaiza, Berennice Belen LU and Sampedro Delgado, Rodrigo Exequiel LU (2026) HARN63 20261
Department of Business Law
Abstract
This thesis investigates the use of the UNIDROIT Principles of International Commercial Contracts (UPICC) in the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG), with particular attention to their role in interpretation and gap-filling. Rather than focusing solely on theoretical compatibility, the study examines how courts and arbitral tribunals actually employ the UPICC in practice. Through a qualitative analysis of case law, the research identifies the contexts in which the UPICC are invoked, the functions they perform, and the reasoning patterns underlying their use.
The analysis is complemented by a doctrinal and comparative framework, focusing on Article 7 CISG and the notion of... (More)
This thesis investigates the use of the UNIDROIT Principles of International Commercial Contracts (UPICC) in the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG), with particular attention to their role in interpretation and gap-filling. Rather than focusing solely on theoretical compatibility, the study examines how courts and arbitral tribunals actually employ the UPICC in practice. Through a qualitative analysis of case law, the research identifies the contexts in which the UPICC are invoked, the functions they perform, and the reasoning patterns underlying their use.
The analysis is complemented by a doctrinal and comparative framework, focusing on Article 7 CISG and the notion of general principles. This combined approach allows for an assessment of whether the use of the UPICC reflects the internal methodology of the CISG or introduces external normative elements.
Particular attention is given to the distinction between interpretation under Article 7(1) and gap-filling under Article 7(2), as well as to the relationship between uniformity, flexibility, and legal certainty in international commercial law.
The findings reveal the existence of three principal approaches in international practice. An integrationist approach treats the UPICC as an expression of the general principles underlying the CISG and employs them to fill internal gaps in the Convention. A restrictive approach rejects the UPICC as a gap-filling mechanism and favours recourse to domestic law where no internal CISG principles can be identified. A third, complementary approach uses the UPICC primarily as interpretative guidance to reinforce or clarify principles already embedded in the Convention. The study further demonstrates that arbitral tribunals tend to adopt a more flexible attitude towards the use of the UPICC than national courts.
The thesis concludes that the UPICC may contribute to a more coherent and internationally oriented application of the CISG when used to support the identification and interpretation of principles genuinely underlying the Convention. However, their legitimacy ultimately depends on maintaining consistency with the autonomous interpretative and gap-filling methodology established by Article 7 CISG and avoiding the introduction of external norms that cannot be derived from the Convention itself. (Less)
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author
Gaona Loaiza, Berennice Belen LU and Sampedro Delgado, Rodrigo Exequiel LU
supervisor
organization
course
HARN63 20261
year
type
H1 - Master's Degree (One Year)
subject
keywords
CISG, UPICC, Article 7 CISG, gap-filling, general principles, international sales law, international contract law.
language
English
id
9230059
date added to LUP
2026-06-09 11:47:52
date last changed
2026-06-09 11:47:52
@misc{9230059,
  abstract     = {{This thesis investigates the use of the UNIDROIT Principles of International Commercial Contracts (UPICC) in the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG), with particular attention to their role in interpretation and gap-filling. Rather than focusing solely on theoretical compatibility, the study examines how courts and arbitral tribunals actually employ the UPICC in practice. Through a qualitative analysis of case law, the research identifies the contexts in which the UPICC are invoked, the functions they perform, and the reasoning patterns underlying their use.
The analysis is complemented by a doctrinal and comparative framework, focusing on Article 7 CISG and the notion of general principles. This combined approach allows for an assessment of whether the use of the UPICC reflects the internal methodology of the CISG or introduces external normative elements.
Particular attention is given to the distinction between interpretation under Article 7(1) and gap-filling under Article 7(2), as well as to the relationship between uniformity, flexibility, and legal certainty in international commercial law.
The findings reveal the existence of three principal approaches in international practice. An integrationist approach treats the UPICC as an expression of the general principles underlying the CISG and employs them to fill internal gaps in the Convention. A restrictive approach rejects the UPICC as a gap-filling mechanism and favours recourse to domestic law where no internal CISG principles can be identified. A third, complementary approach uses the UPICC primarily as interpretative guidance to reinforce or clarify principles already embedded in the Convention. The study further demonstrates that arbitral tribunals tend to adopt a more flexible attitude towards the use of the UPICC than national courts.
The thesis concludes that the UPICC may contribute to a more coherent and internationally oriented application of the CISG when used to support the identification and interpretation of principles genuinely underlying the Convention. However, their legitimacy ultimately depends on maintaining consistency with the autonomous interpretative and gap-filling methodology established by Article 7 CISG and avoiding the introduction of external norms that cannot be derived from the Convention itself.}},
  author       = {{Gaona Loaiza, Berennice Belen and Sampedro Delgado, Rodrigo Exequiel}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{The Interplay Between the CISG and the UPICC - The Role of the UNIDROIT Principles in the Interpretation and Supplementation of the CISG}},
  year         = {{2026}},
}