Battle of Forms

United Nations Convention on Contracts for the International Sale of Goods (CISG) does not include the establishment of a contract with the counterparty of the standard contract, which includes the general terms of the transaction prepared in advance by the parties. In this case, conflicts arise between the parties when the general transaction conditions are included in the contracts that the parties have made in their own favors, and these conditions are not accepted by the counterparty. There are two completely opposite rules concerning the solution of these conflicts. The rules are “Last-Shot Doctrine” and “Knock-out Rule”. Both rules have their application areas. However, it is seen in the case law of courts and in the commercial life that the “Knock-out Rules” is preferred because it is more compatible with the wills of parties.