CISG CASE PRESENTATION

Russia 3 November 1994 Arbitration proceeding 442/1993
[Cite as: http://cisgw3.law.pace.edu/cases/941103r1.html]

Primary source(s) of information for case presentation: Michael R. Will

Case Table of Contents

• Case identification
• Classification of issues present
• Editorial remarks
• Citations to case abstracts, texts, and commentaries
• Guide to links contained in case presentations

Case identification

DATE OF DECISIONS: 19941103 (3 November 1994)

JURISDICTION: Arbitration; Russian Federation

TRIBUNAL: Tribunal of International Commercial Arbitration at the Russian Federation Chamber of Commerce and Industry

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: 442/1993

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Unavailable

BUYER'S COUNTRY: Unavailable

GOODS INVOLVED: Unavailable

Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issues: Articles 1(1)(a) ; 6

Classification of issues using UNCITRAL classification code numbers:

6B [Choice of law (agreements to apply Convention): agreement to have "international legislation" apply to contract]

Descriptors: Choice of law

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Editorial remarks

"In Case No 442/1995, the Tribunal had to give interpretation to the parties' agreement providing for the application of 'international legislation' to their contract. Having noted that the places of business of the parties were in two Contracting States, the ICAC concluded that it had been the parties' intention to have their disputes governed by the Convention.

"It may be argued that the term 'international legislation' should be interpreted in a wider sense which would include other sources of international commercial law (such as the lex mercatoria, for instance). It is submitted, however, than the ICAC decision is correct.

"The term 'international legislation' seems to imply an authority of State(s). If this is so, then other international sources of regulation which could potentially apply to an international sales transaction (such as the UNIDROIT Principles, for instance) and which are not based on an authority of State(s), would not be applicable. This is certainly not the case with the CISG, as it is an 'international treaty' within the meaning of Article 2 of the Vienna Convention on the Law of Treaties.

"In any event, if it is at all possible to use such terms as 'international legislation', the CISG is, certainly, a part of it, and there is no reasonably way of interpreting this agreement as excluding the Convention (unless it expressly excludes the Convention). Since the conditions of applicability of the Convention were clearly met in this case, its applicability by virtue of Article 1(1)(a) seems justifiable." Djakhongir Saidov Saidov, 7 Vindobona Journal of International Commercial Law and Arbitration (1/2003) 1-62 at 7-8. (citations omitted)

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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 (Russian): Unavailable

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Russian: Rozenberg, Kontrakt mezhdunarodnoj kupli-prodazhi. Sovremennaja praktika zaklijutchenija. Razreshenie sporov [International Sales Contracts], Mezhdunarodnyj centr finansovo-ekonomitcheskogo razvitija, Moscow [1996¹] 46 ; Rozenberg, Kontrakt [1996²] 48; Rozenberg, Kontrakt [1998³] 52