A Comparative Examination of Specific Performance under the Convention on Contracts for the International Sale of Goods, the Uniform Commercial Code and the United Kingdom's Sale of Goods Act

The aim of this essay is to undertake a comparative analysis of the legal remedy of specific performance under the Convention on Contracts for the International Sale of Goods (CISG), the United Kingdom's Sale of Goods Act (SGA), and the Uniform Commercial Code of the United States (UCC). In this regard, this paper will reflect on the unique treatment of specific performance in each legal regime, by comparing their core differences and similarities; and will examine the provisions of the CISG which are most controversial to lawyers in the United States and the United Kingdom. This essay will argue that despite the vagueness of Article 28 of the CISG, the remedy of specific performance under the CISG is more predictable and has more clarity than specific performance under the UCC and SGA, which place wide discretionary powers on the court. It will also be argued that the CISG’s treatment of specific performance is more compensatory to buyers in comparison to the UCC and SGA since it recognizes the right to repair and replacement; and therefore, advances the performance of obligations in international trade. Furthermore, this essay will reflect on the impact of the CISG on developing economies, and the extent to which it benefits such economies. In concluding, this paper will make a case for the superiority of the CISG over the UCC and SGA