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CISG CASE PRESENTATION

Serbia 30 November 2010 Foreign Trade Court attached to the Serbian Chamber of Commerce (Flooring case)
[Cite as: http://cisgw3.law.pace.edu/cases/101130sb.html]

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

Case Table of Contents


Case identification

DATE OF DECISION: 20101130 (30 November 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-6/10

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Serbia (claimant)

BUYER'S COUNTRY: Bosnia and Herzegovina (respondent)

GOODS INVOLVED: Flooring


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 ; 9 ; 54 ]

Classification of issues using UNCITRAL classification code numbers:

7A33 [Applications of good faith standards];

9B [Implied agreement on international usage – application of 1992 UNCITRAL Model Law on International Credit Transfer of as lex mercatoria when deciding on the interest rate];

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

78A ; 78B [Interest on delay in receiving price or any other sum in arrears; Rate of interest - 1992 UNCITRAL Model Law on International Credit Transfer considered as lex mercatoria];

Descriptors: Good Faith ; Payment of Price ; Interest

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Editorial remarks

In this case the contract called for the application of 'domestic substantive law' and the parties coming from former Yugoslavia extensively invoked the Serbian (then Yugoslav) Law on Contracts and Torts in their written submissions. The arbitral tribunal nevertheless concluded that the CISG applies as part of the Serbian law that the parties have allegedly opted for by invoking the Serbian Law on Contracts and Torts.

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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 26, 2011
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