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CISG CASE PRESENTATION

Serbia 19 August 2008 Foreign Trade Court attached to the Serbian Chamber of Commerce (Peaches and nectarines case)
[Cite as: http://cisgw3.law.pace.edu/cases/080819sb.html]

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

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Case identification

DATE OF DECISION: 20080819 (19 August 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-7/07

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Serbia (claimant)

BUYER'S COUNTRY: Romania (respondent)

GOODS INVOLVED: Peaches and nectarines


Classification of issues present

APPLICATION OF CISG: Yes [Article 1]

APPLICABLE CISG PROVISIONS AND ISSUES

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

Classification of issues using UNCITRAL classification code numbers:

7C22 [Recourse to general principles on which Convention is based – principle of full compensation];

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 – determined under the principle of full compensation]

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, 14

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