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CISG CASE PRESENTATION

Bulgaria 12 June 2001 Arbitration Case 41/00 [translation available]
[Cite as: http://cisgw3.law.pace.edu/cases/010612bu.html]

Primary source(s) of information for case presentation: Case text

Case Table of Contents


Case identification

DATE OF DECISION: 20010612 (12 June 2001)

JURISDICTION: Arbitration ; Bulgaria

TRIBUNAL: Bulgarian Chamber of Commerce and Industry

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: Unavailable

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Germany

BUYER'S COUNTRY: Bulgaria

GOODS INVOLVED: Unknown


Classification of issues present

APPLICATION OF CISG: Yes [Article 1(1)(a)]

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 6

Classification of issues using UNCITRAL classification code numbers:

6B [Implied agreement to apply Convention: contract silent on governing law but between parties with places of business in two different Contracting States]

Descriptors: Applicability ; Choice of law

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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 (Bulgarian): Praktika Bulgarska turgovsko-promishlena palata (BTPP) 2000-2001, No. 163 [313]

Translation (English): Text presented below

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Case text (English translation) [second draft]

Queen Mary Case Translation Programme

Arbitration Tribunal of Bulgarian Chamber of Commerce & Industry
Case No. 41/00 of 12 June 2001

Translation by Bojidara Borisova [*]

SUMMARY

The Arbitrate Tribunal ruled that the contracting parties could exclude the application of the Convention or, subject to article 12, derogate from or vary the effect of any of its provisions.

CASE DECISION

The contracts do not include any stipulation as regards the applicable substantive law. Taking into consideration that the dispute concerns contracts for international sale of goods concluded between parties that have their place of business in two different countries (Germany and Bulgaria), which are also Contracting States to the CISG and on the basis of Article 36, subsection 2, last sentence, of the Statute of the Arbitral Tribunal (SAT) applicable to the Bulgarian Chamber of Commerce and Industry (BCCI), the Arbitral Tribunal accepts that the applicable law is the CISG (Bulgaria ratified and published the CISG in Gazette nm.36/1992 year). The parties did not explicitly exclude in their contract the application of the CISG, in accordance with the possibility provided in Article 6 of the CISG.


FOOTNOTE

* Bojidara Borisova is a candidate for the degree of Ph.D. in Law at Sofia University "ST.Kl.Oxridski", Bulgaria.

All translations should be verified by cross-checking against the original text.

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Pace Law School Institute of International Commercial Law - Last updated July 14, 2003
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