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CISG CASE PRESENTATION

Switzerland 24 November 2004 Canton Appellate Court Vaud (Cement case)
[Cite as: http://cisgw3.law.pace.edu/cases/041124s1.html]

Primary source(s) of information for case presentation: CISG-online.ch website

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Case identification

DATE OF DECISION: 20041124 (24 November 2004)

JURISDICTION: Switzerland

TRIBUNAL: Tribunal cantonal [Appellate Court] Vaud

JUDGE(S): M. Jomini (président); M. Bosshard et Mme Saillen (juges)

CASE NUMBER/DOCKET NUMBER: 224/2004/PBH

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Turkey, Netherlands

BUYER'S COUNTRY: Spain

GOODS INVOLVED: Cement


UNCITRAL case abstract

SWITZERLAND: Vaud Cantonal Court [224/2004] 24 November 2004

Case law on UNCITRAL texts [A/CN.9/SER.C/ABSTRACTS/149],
CLOUT abstract no. 1401

Reproduced with permission of UNCITRAL

Abstract prepared by Thomas M. Mayer

The parties, with their headquarters in Spain, the Netherlands and Turkey, maintained contractual relations for the supply of cement. Accusing the defendants of having failed to deliver to it the quantities of cement stipulated in the contract of 25 October 1995, the Spanish plaintiff claimed payment from them of a contractual penalty and damages.

The court first needed to resolve the question of the application of the CISG. It considered that a choice of law in favour of the national law of one of the States party to the Convention could not be interpreted as a tacit exclusion of the application of the CISG. However, if the parties chose Swiss law as the applicable law without their contractual relations having any association with Switzerland whatsoever, as was the case here, it had to be inferred that their will was that their contract be governed by the Swiss Code of Obligations, and not by the CISG.

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Classification of issues present

APPLICATION OF CISG: [-]

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 6

Classification of issues using UNCITRAL classification code numbers:

Unavailable

Descriptors: Unavailable

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Editorial remarks

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Citations to other abstracts, case texts and commentaries

CITATIONS TO OTHER ABSTRACTS OF DECISION

Unavailable

CITATIONS TO TEXT OF DECISION

Original language (German): CISG-online.ch website <http://globalsaleslaw.com/content/api/cisg/urteile/1842.pdf>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated November 12, 2014
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