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CISG CASE PRESENTATION

Serbia 27 December 2010 Foreign Trade Court attached to the Serbian Chamber of Commerce (Ice-cream case)
[Cite as: http://cisgw3.law.pace.edu/cases/101227sb.html]

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

Case Table of Contents


Case identification

DATE OF DECISION: 20101227 (27 December 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-17/09

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Serbia (claimant)

BUYER'S COUNTRY: Montenegro (respondent)

GOODS INVOLVED: Ice-cream


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 – exclusion at the hearing]

Descriptors: Unavailable

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Editorial remarks

Excerpt from the award:

"III. Applicable law

Parties have agreed in Article 23 of the Sales contract of 16 March 2007 […] to have substantive law of Serbia as applicable law in dispute resolution proceedings. At the oral hearing held on 15 September 2010 the parties have stated that they are in agreement to have the Serbian substantive law applicable except for the UN Convention on Contracts for the International Sale of Goods, which they have explicitly excluded."

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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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