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CISG CASE PRESENTATION

Serbia 20 December 2006 Foreign Trade Court attached to the Serbian Chamber of Commerce (Condoms case)
[Cite as: http://cisgw3.law.pace.edu/cases/061220sb.html]

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

Case Table of Contents


Case identification

DATE OF DECISION: 20061220 (20 December 2006)

JURISDICTION: Arbitration ; Serbia

TRIBUNAL: Foreign Trade Court of Arbitration attached to the Serbian Chamber of Commerce

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: T -1/06

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Germany (claimant)

BUYER'S COUNTRY: Serbia (respondent)

GOODS INVOLVED: Condoms


Classification of issues present

APPLICATION OF CISG: Yes [Article 1]

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 6 ; 62 ; 78 [Also cited: Articles 53 ; 61 ]

Classification of issues using UNCITRAL classification code numbers:

6A [Exclusion or modification of Convention by contract - choice of law of the contracting state does not amount to exclusion of the convention];

62A ; 62A1 [Seller may compel performance of any of buyer's obligations unless seller has exercised inconsistent remedy];

78A ; 78B [Interest on delay in receiving price or any other sum in arrears; Rate of interest]

Descriptors: Payment of price ; Interest

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Editorial remarks

Excerpt from: Vladimir Pavic & Milena Djordjevic, Application of the CISG Before the Foreign Trade Court of Arbitration at the Serbian Chamber of Commerce - Looking Back at the Latest 100 Cases, 28 Journal of Law and Commerce 1, 10 (Fall 2009), available at: <http://www.cisg.law.pace.edu/cisg/biblio/pavic-djordjevic.html>

"[C]hoice of Austrian law in a contract concluded between a Serbian company and a German company has justly been interpreted to primarily point to the CISG, with provisions of the Austrian Civil Code as a fall-back source.[22] The tribunal pointed out that:

"Article 6 of the CISG allows parties to exclude application of the [CISG. However, a contract provision which points to Austrian law as applicable does not appear to manifest the parties' intention to exclude application of the [CISG], particularly due to the fact that Austria has ratified the [CISG] and that, consequently, its provisions have become part of Austrian law."[23]

COMMENT:

The abovementioned article erroneously points out to the Award No. T-12/05 of 5 January 2007 as a source of this quotation, whereas it actually comes from the T-1/06 award of 20 December 2006.

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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 (Serbian): Click here for Serbian text of case

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

English: Vladimir Pavic & Milena Djordjevic, Application of the CISG Before the Foreign Trade Court of Arbitration at the Serbian Chamber of Commerce - Looking Back at the Latest 100 Cases, 28 Journal of Law and Commerce 1, 10 (Fall 2009), available at: <http://www.cisg.law.pace.edu/cisg/biblio/pavic-djordjevic.html>

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Pace Law School Institute of International Commercial Law - Last updated October 24, 2011
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