Incoterms 2010의 주요 개정내용 및 비엔나 협약과의 관계 연구

A Study on the Revision of Incoterms 2010 and its relation with CISG

ICC approved the revised Incoterms 2010 in September 2010. The official implementation of the new rules are scheduled to take place from January,1 of 2011. The purpose of this revision is to reflect the changes that have occurred in global trade over the last ten years. Main features of Incoterms 2010 rules are as follows. Firstly, two Incoterms rules - DAT and DAP - have replaced the Incoterms 2000 rules DAF, DES, DEQ and DDU. Secondly, under FOB, CFR and CIF, all mention of the ship's rail as the point of delivery risk has been omitted as the point of risk is now transferred when the goods are on board the vessel. Thirdly, Incoterms 2010 applies to domestic trade as well as international trade. Lastly, Incoterms 2010 includes the obligation to procure goods shipped as an alternative to the obligation to ship goods in the relevant Incoterms rules. Whichever Incoterms rules is chosen, the parties should be aware that the interpretation of their contract may well be influenced by customs particular to the port or place being used.