Remedies II—Specific Performance

Abstract This chapter analyses the remedy of specific performance in international commercial contracts, contrasting civil and common law traditions and examining its treatment under the CISG and PICC. It explores the civil law emphasis on pacta sunt servanda and the common law preference for damages. The CISG provides default availability of specific performance for both parties but limits enforcement through Article 28 CISG. The chapter discusses the buyer’s rights to repair or replacement, including the thresholds of fundamental breach, proportionality, and reasonableness. It examines how the CISG and the PICC balances party expectations, economic considerations, and flexibility in claims for cure, replacement, and repair. The PICC similarly permits specific performance with defined restrictions, aiming to harmonize civil and common law approaches. Finally, the chapter reviews the PICC’s unique provision for judicial penalties (astreinte) as a tool to enforce performance.