China 18 March 2005 Beijing Higher People’s Court [Appellate Court] (Beijing Chen Guang Hui Long Electronic Technology Development Ltd. v. Thales (France) Co.)
[Cite as: http://cisgw3.law.pace.edu/cases/050318c1.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: (2006) Gao Min Zhong Zi Di No. 576
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: France (defendant)
BUYER'S COUNTRY: People's Republic of China (plaintiff)
GOODS INVOLVED: Radio surveillance equipment
APPLICATION OF CISG: No. Plaintiff argued for the application of Chinese law and the CISG, while defendant preferred Chinese law specifying that "Chinese law" referred to Chinese domestic law. The Beijing High People's Court ruled that the parties had chosen "Chinese law" thereby excluding the CISG.
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
Descriptors:
CITATIONS TO ABSTRACTS OF DECISION
(a) UNCITRAL abstract: Unavailable
(b) Other abstracts
Unavailable
CITATIONS TO TEXT OF DECISION
Original language (Chinese): Click here for Chinese text of case
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
Unavailable
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