Go to Database Directory || Go to CISG Table of Contents || Go to Case Search Form || Go to Bibliography
Search the entire CISG Database (case data + other data)

CISG CASE PRESENTATION

China 9 December 2005 Sichuan High People's Court [Appellate Court] (Global Nutri Co. v. Sichuan Xinguang Industrial Import & Export Co. Ltd.)
[Cite as: http://cisgw3.law.pace.edu/cases/051209c1.html]

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

Case Table of Contents


Case identification

DATE OF DECISION: 20051209 (19 December 2005)

JURISDICTION: People's Republic of China

TRIBUNAL: Sichuan High People's Court [Appellate Court]

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: Unavailable

CASE NAME: Global Nutri Co. v. Sichuan Xinguang Industrial Import & Export Co. Ltd.

CASE HISTORY: Unavailable

SELLER'S COUNTRY: People's Republic of China (plaintiff)

BUYER'S COUNTRY: United States (defendant))

GOODS INVOLVED: Milk thistle


Classification of issues present

APPLICATION OF CISG: No. Although this was a contract for the international sale of goods involving parties from different Contracting States, the Court applied Chinese domestic law on the ground that the parties had chosen "Chinese law." The court did not, however, discuss whether the parties had opted out of the CISG by their choice of "Chinese law."

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 6

Classification of issues using UNCITRAL classification code numbers:

6A ; 6B [Implied inclusion / exclusion of the Convention]

Descriptors: Choice of law ; Application of Convention

Go to Case Table of Contents

Editorial remarks

Go to Case Table of Contents

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 (Chinese): Click here for Chinese text of case; see also CISG-China No. [HPC/30] <http://aff.whu.edu.cn/cisgchina/en/news_view.asp?newsid=133>

Translation (English): Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

Go to Case Table of Contents
Pace Law School Institute of International Commercial Law - Last updated March 16, 2010
Comments/Contributions
Go to Database Directory || Go to CISG Table of Contents || Go to Case Search Form || Go to Bibliography