'Battle of forms' under the United Nations Convention on contracts for the International sale of goods (hereinafter referred to as: CISG)
Enschede, Netherlands 2024-07-01
In case contracting parties each refer to the applicability of its own general terms and conditions in the offer and acceptance, the question arises which general terms and conditions apply to the contract. Under Dutch law, this question on the so-called 'battle of forms' must be answered using the ‘first shot rule’. The first shot rule states that the second reference to general terms and conditions has no effect unless the second reference explicitly rejects the applicability of the first general terms and conditions. In short: whoever 'shoots first' wins, unless the exception situation arises.
Granada, 2023-11-01