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CISG CASE PRESENTATION

Belarus 21 January 2008 Economic Court of Grodno Region (Peat fuel bricks case)
[Cite as: http://cisgw3.law.pace.edu/cases/080121b5.html]

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

Case Table of Contents


Case identification

DATE OF DECISION: 20080121 (21 January 2008)

JURISDICTION: Belarus

TRIBUNAL: Economic Court of the City of Minsk

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: Unavailable

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Belarus (Plaintiff)

BUYER'S COUNTRY: Lithuania (Defendant)

GOODS INVOLVED: Peat fuel bricks


UNCITRAL case abstract

BELARUS: Economic Court of the City of Minsk 21 January 2008

Case law on UNCITRAL texts [A/CN.9/SER.C/ABSTRACTS/96],
CLOUT abstract no. 963

Reproduced with permission of UNCITRAL

Abstract prepared by Viktor S. Kamenkov, National Correspondent

The plaintiff, a Belarusian company, contracted to sell peat fuel bricks to a Lithuanian company, the defendant. The contract stipulated that any dispute between the parties should be settled according to the substantive law of the Republic of Belarus. Upon delivery of the goods, the defendant failed to pay the price due, claiming damages to the goods. The plaintiff brought action in its home state court.

The court held that since the parties' places of business were in CISG Contracting States, the dispute should be resolved under the Convention, pursuant to Article 1 (1)(a). Referring to Articles 53, 61, and 62 CISG, the court stated that the defendant was obliged to pay the plaintiff the amount due under the contract, rejecting the defendant's objections as it was not sufficiently substantiated under Belarusian procedural law.

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Classification of issues present

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

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 53 ; 61 ; 62

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 (Russian): Unavailable

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated November 30, 2010
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