01
Article 7 is the starting point
Article 7(1) requires regard to the Convention’s international character, uniform application and the observance of good faith in international trade. Its wording places good faith within the interpretation of the CISG rather than automatically converting every ethical expectation into an independent contractual duty.
Article 7(2) directs that matters governed but not expressly settled by the CISG be resolved according to its underlying general principles, and only then by the law identified through private international law.
02
A contract should turn expectations into mechanisms
Good-faith arguments often surface where the agreement lacks measurable duties to inspect, notify, cooperate or cure. The contract should state who supplies what information, when, through which channel, what evidence is accepted and what follows from non-cooperation.
Post-signing conduct may become important evidence. Order confirmations, inspection records, defect notices and reservations of rights should be consistent with the written arrangement.
03
Good faith should not replace legal structure
Good faith is not a substitute for determining the CISG’s scope, notice periods, remedies or the burden of proof. Analysis should distinguish the Convention’s text, international interpretive materials and any supplementary law or party agreement.