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CISG CASE PRESENTATION

Serbia 23 May 2008 Foreign Trade Court attached to the Serbian Chamber of Commerce (Seamless steel pipes case)
[Cite as: http://cisgw3.law.pace.edu/cases/080523sb.html]

Primary source(s) of information for case presentation: Text of award

Case Table of Contents


Case identification

DATE OF DECISION: 20080523 (23 May 2008)

JURISDICTION: Arbitration ; Serbia

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

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: T -14/07

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Cyprus (claimant)

BUYER'S COUNTRY: Italy (respondent)

GOODS INVOLVED: Seamless steel pipes


Classification of issues present

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

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 59 ; 78 [Also cited: Articles 7(2) ; 62 ]

Classification of issues using UNCITRAL classification code numbers:

59A [Payment due at time fixed or determinable by contract or Convention];

62A [Seller may compel performance of any of buyer's obligations];

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

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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: [2009] Vladimir Pavić, Milena Djordjević, 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, 41, 54

Excerpt:

"It has often been said that, unlike many national laws, the CISG's remedial system is based on the concept of no-fault liability.[141] This contention has been confirmed by FTCA practices as well. For example in award number T-14/07 of May 23, 2008, the arbitrator rejected the buyer's reasons for non-payment of the price. The arbitrator stated:

"The debtor is liable for his monetary obligations in those cases when he is left without financial means without his fault, for example, if his debtors have failed to pay him the amounts owed, as in the case at hand. Hence, the buyer is obliged to pay the price even where it is not his fault that he is unable to do so. This is because such non-payment represents a breach of contract."[142] [page 41]”

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Pace Law School Institute of International Commercial Law - Last updated October 25, 2011
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