Based on the case analysis, there are controversies and misunderstandings in the application of Articles 1 and 6 of the CISG when Chinese courts hear disputes over the application of the law to disputes over international contracts for the sale of goods, especially in terms of the doubtful implied exclusion of the CISG, and the uncertainty of the order of the application of the CISG and the parties' consensual choices of law, which are urgently in need of consideration. Based on the scope of application of the treaty itself, the legal status of the CISG as a unified international substantive law, and China's obligations as a contracting party, Chinese courts should apply the CISG directly and give priority to the CISG; meanwhile, according to the negotiation history of the CISG, the foreign judicial practice, and the main points of the decision of the Guiding Case No. 107, there is a possibility of the application of the implied exclusion of Article 6 of the CISG, but both parties must have the intention of not applying the Convention. With regard to the design of rules, the exclusion of application under Article 6 of CISG should be analysed on the basis of satisfying the conditions for application of Article 1(1)(a) of CISG, and the applicable law should be established ultimately. The parties may expressly exclude the application of CISG while agreeing on the applicable law and establish that the judge takes the initiative to ask the parties what they mean by excluding the application of CISG.

Ziying Li. The Difficulties and Relief Ways of the Application of CISG in Chinese Courts under the Perspective of Choice of Law Agreement—Take Articles 1 and 6 as Examples. International Journal of Frontiers in Sociology (2024), Vol. 6, Issue 7: 55-59. https://doi.org/10.25236/IJFS.2024.060709.

[1] Lian Junya. Study on the Problems,Reasons and Countermeasures of Law Application Upon the Concurrence of United Nations Convention on Contracts for the International Sale of Goods and The Law Chosen by Parties[J]. Journal of Law Application, 2023, (07): 100-110.

[2] Zhao Ke, Ma Beibei. Understanding and Reference to the Case of Sinochem International (Overseas) Pte. Ltd v. ThyssenKrupp Metallurgical Products GmbH (dispute over a contract for the international sale of goods)——Application of the United Nations Convention on Contracts for the International Sale of Goods and the Agreed Applicable Law and Determination of Fundamental Breach of Contract[J]. People's Justice, 2021, (32): 4-7.

[3] Zuo Haicong, Lin Sisi. Research on Implied Exclusion of United Nations Convention on Contracts for the International Sale of Goods: A Perspective of Choice-of-Law Clause[J]. Jiangxi Social Science, 2017, 37(10):191-199.