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CISG CASE PRESENTATION

Serbia 15 June 2010 Foreign Trade Court attached to the Serbian Chamber of Commerce (Euro diesel case)
[Cite as: http://cisgw3.law.pace.edu/cases/100615sb.html]

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

Case Table of Contents


Case identification

DATE OF DECISION: 20100615 (15 June 2010)

JURISDICTION: Arbitration ; Serbia

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

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: T-8/09

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: United States (claimant)

BUYER'S COUNTRY: Serbia (respondent)

GOODS INVOLVED: Euro diesel


Classification of issues present

APPLICATION OF CISG: Yes [Article 1]. Both parties invoked provisions of the CISG at the hearing and in their written submissions.

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 25 ; 74 ; 78 [Also cited: Articles 75 ; 76 ; 77 ; 79 ]

Classification of issues using UNCITRAL classification code numbers:

74A ; 74A1 ; 74B [Loss suffered as consequence of breach - Includes loss of profit; Outer limits of damages; foreseeability of loss];

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

Descriptors: Good Faith ; Foreseeability ; Damages ; Interest

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Editorial remarks

"In the Euro Diesel case, the tribunal noted that seller’s loss comprising of penalties paid to its supplier (for the purposes of fulfilling buyer’s order) was loss foreseeable to the buyer, since, according to the tribunal, agreeing to penalties in such a transaction was a common practice in the type of transactions which the buyer, as a professional trader, could have foreseen at the time of conclusion of the contract."

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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

Unavailable

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