Territorial sphere of application Sample Clauses

Territorial sphere of application. 3 With regard to the territorial sphere of application of the Convention, Article 1(1) first of all requires the places of business of the parties in the sense of Article 10 to be in different States at the time of the conclusion of the contract.13 In this regard neither the nationality of the parties nor the civil or commercial character of their contractual relationship is of relevance (Article 1(3)). This broad rule is, however, restricted by subparagraphs (a) and (b) as well as by Article 1(2) according to which the internationality of the contract is to be disregarded, where it was not apparent to both parties from the contract or surrounding circumstances when concluding the contract.14 Actual knowledge on the side of the parties of the relevant places of business being in different States is, however, not required.15