ince the Convention designates different remedies for chargees (Article 8 and 9) and for conditional sellers or lessors (Article 10), the qualification of the agreement is relevant.
Article 2(4) of the Convention provides the solution by leaving it to the applicable national law to determine what kind of agreement the parties have entered into. Especially in the context of transactions involving the United States, Canada and also New Zealand, one has to point out that these jurisdictions treat lease and
conditional sales agreements as security agreements.
Therefore, in proceedings involving the law of any of those jurisdictions, courts are most inclined to apply Articles 8 and 9, not Article 10.of underlying agreement