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Published online by Cambridge University Press: 20 October 2009
INTRODUCTION
Article 18 of the Convention provides that “[a]n acceptance of an offer becomes effective at the moment the indication of assent reaches the offeror. An acceptance is not effective if the indication of assent does not reach the offeror within the time he has fixed […].”
It is an important element of certainty for parties who contemplate entering into a contract that there is a clear point of time at which the period fixed by the offeror for acceptance of the offer commences. In the case where the offeror fixes a precise date by which the offeree must accept the offer (e.g., “no later than August 31”), there are no special problems regarding the period allowed for acceptance of the offer by the offeree. However, in the case where the offeror merely indicates a period of time for acceptance (e.g., “ten days”), problems may arise as to when exactly that period begins, due to possible ambiguity and uncertainty whether the period starts from the time the communication was prepared by the offeror, the time it was sent, or the time it was received by the other party.
CALCULATING THE PERIOD FOR ACCEPTANCE FIXED BY THE OFFEROR
In Part II of the Convention, entitled “Formation of the Contract,” Article 20 deals with the interpretation of the offeror's time limits for acceptance of an offer to conclude a contract. CISG Article 20 provides a mechanism for calculating when that period begins to run in cases where the commencement of the period of time during which an offer can be accepted by the offeree has not been expressly fixed by the offeror.
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