Article language: English.
Abstract
‘Battle of the forms’ is one of the unresolved legal problems to which different countries’ courts have their own approach. There are three main approaches in the literature in respect of the ‘battle of the forms’: (i) domestic approach; (ii) last shot rule; (iii) knock-out rule. However, mainly the last shot and the knock-out rules are in competition with each other. While some courts of the contracting states to the United Nations Convention on Contracts for the International Sale of Goods (CISG or Convention) apply the last shot rule referring to article 19 of the CISG, other contracting states’ courts try to solve the ‘battle of the forms’ problem within the general principles of the Convention by applying the knock-out rule. In this article, the main pros and cons of those three approaches are discussed in order to find the most appropriate solution for the ‘battle of the forms’ problem. In the conclusion, it is supposed that courts must apply the knock-out rule while adjudicating in respect of the conflicting standard terms.
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