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CISG CASE PRESENTATION

Netherlands 29 June 2000 District Court Alkmaar
[Cite as: http://cisgw3.law.pace.edu/cases/000629n1.html]

Primary source(s) of information for case presentation: Citation in 2004 text by SA Kruisinga

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Case identification

DATE OF DECISION: 20000629 (29 June 2000)

JURISDICTION: Netherlands

TRIBUNAL: Rb Alkmaar [Rb = Arrondissementsrechtbank = District Court]

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: Unavailable

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: [-]

BUYER'S COUNTRY: [-]

GOODS INVOLVED: [-]


Classification of issues present

APPLICATION OF CISG: No

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 6

Classification of issues using UNCITRAL classification code numbers:

6A [Choice of law (exclusion of Convention): choice of Dutch law held exclusion of Convention)]

Descriptors: Choice of law

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Editorial remarks

Excerpt from [2004] S.J. Kruisinga, (Non)-conformity in the 1980 Convention on Contracts for the International Sale of Goods: a uniform concept?, Intersentia at 9

"An example of a decision by a court in the Netherlands in which a choice of law clause implied an exclusion of the CISG can be found in [this] fairly recent decision by the Rechtbank Alkmaar In this case the Rechtbank held, first of all, that any disputes, which had arisen between the contracting parties, had to be resolved by the application of the CISG, as far as they related to the contract of sale that had been concluded between them. However, the Rechtbank concluded that the contracting parties had explicitly chosen to apply Dutch law bearing in mind what had been stated on the invoices: 'Nur Niederländisches recht ist anwendbar' (only Dutch law is applicable). This led the Rechtbank to conclude that only Dutch national law was applicable to the sales contract. This conclusion is quite remarkable, since the choice of law clause does not make any reference to Dutch national law being applicable."

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Citations to case abstracts, texts, and commentaries

CITATIONS TO ABSTRACTS OF DECISION

(a) UNCITRAL abstract: Unavailable

(b) Other abstracts

Unavailable

CITATIONS TO TEXT OF DECISION

Original language (Dutch): (Dutch): Nederlands Internationaal Privaatrecht (2001), no. 115

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated November 5, 2004
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