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The UNIDROIT Principles of International Commercial Contracts and ...

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354 (2002) 36 R.J.T. 335<br />

Yet even with respect to international sales contracts governed<br />

by CISG, the <strong>UNIDROIT</strong> <strong>Principles</strong> may play an important role. In the<br />

absence <strong>of</strong> an express reference by the parties, they may be – <strong>and</strong><br />

actually increasingly are being – used, though not indiscriminately,<br />

as a means <strong>of</strong> interpreting or supplementing CISG. In the presence<br />

<strong>of</strong> an express reference by the parties, the <strong>UNIDROIT</strong> <strong>Principles</strong> may<br />

m o reover apply to matters outside the scope <strong>of</strong> CISG <strong>and</strong> which<br />

otherwise would fall within the sphere <strong>of</strong> the applicable domestic<br />

law.<br />

In conclusion it may well be said that both CISG <strong>and</strong> the<br />

UN I D R O I T <strong>Principles</strong> are the right instruments at the right time: each<br />

one has its own raison d’être.

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