US Dist Ct (ND IL), 7 December 1999,
For a summary of the facts see C 14-2 above.
Count II: Specific Performance or Replevin Convention
Art 46(1) provides that a buyer may require the seller to perform its obligations unless the buyer has resorted to a remedy inconsistent with that requirement. As such, that provision would appear to make specific performance routinely available under the Convention. But Convention Art 28 conditions the availability of specific performance:
‘If, in accordance with the provisions of this Convention, one party is entitled to require performance of any obligation by the other party, a court is not bound to enter judgment for specific performance unless the court would do so under its own law in respect of similar contracts of sale not governed by this Convention.’