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CISG CASE PRESENTATION

ICC Arbitration Case No. 10114 of March 2000
[Cite as: http://cisgw3.law.pace.edu/cases/0010114i.html]

Primary source(s) of information for case presentation: ICC website and Arbitration Bulletin

Case Table of Contents


Case identification

DATE OF DECISION: 20000300 (March 2000)

JURISDICTION: Arbitration ; ICC

TRIBUNAL: Court of Arbitration of the International Chamber of Commerce

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: 10114 of March 2000

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: East European country (respondent)

BUYER'S COUNTRY: People’s Republic of China (claimant)

GOODS INVOLVED: After-sales agreement


Classification of issues present

APPLICATION OF CISG: "The arbitral tribunal reasoned as follows: Chinese law is applicable by mutual consent: CISG is part of Chinese law and is applicable sub specie; the UNIDROIT Principles are rules of law within the meaning of article 17(1) of the ICC Rules."

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 4

Classification of issues using UNCITRAL classification code numbers:

4B [Scope of Convention (issues excluded): claim for punitive damages dismissed "as neither Chinese contract law nor the principles of international trade law contain any provision for such damages"]

Descriptors: Scope of Convention ; Punitive damages

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Editorial remarks

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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 (English): ICC website <http://www.iccdrl.com> [excerpt from award]

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated January 22, 2009
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