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CISG CASE PRESENTATION

Serbia 28 April 2009 Foreign Trade Court attached to the Serbian Chamber of Commerce (Mazut case)
[Cite as: http://cisgw3.law.pace.edu/cases/090428sb.html]

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

Case Table of Contents


Case identification

DATE OF DECISION: 20090428 (28 April 2009)

JURISDICTION: Arbitration ; Serbia

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

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: T-19/08

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Serbia (respondent)

BUYER'S COUNTRY: Bosnia and Herzegovina (claimant)

GOODS INVOLVED: Mazut


Classification of issues present

APPLICATION OF CISG: No. Application excluded

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 6

Classification of issues using UNCITRAL classification code numbers:

6A [Exclusion or modification of Convention by contract]

Descriptors: Exclusion

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Editorial remarks

Excerpt from the award:

"Applicable law

  1. Parties have stipulated in Article 12(4) of the Sales contract that the law of Republic of Serbia shall apply in case of dispute.
  2. Parties have explicitly excluded the application of UN Convention on Contracts for International Sale of Goods in Article 12(5) of the Sales contract, in accordance with Art. 6 of the Convention."

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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 (English): Text presented below

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated October 26, 2011
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