Switzerland 16 March 1995 District Court Zug (Cobalt case)
[Cite as: http://cisgw3.law.pace.edu/cases/950316s1.html]
Primary source(s) for case presentation: UNCITRAL abstract ; Michael R. Will
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: A3 1993 20
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: England [plaintiff]
BUYER'S COUNTRY: Switzerland [defendant]
GOODS INVOLVED: Cobalt
SWITZERLAND: Handelsgericht des Kantons Zug 16 March 1995
Case law on UNCITRAL texts (CLOUT) abstract no. 326
Reproduced with permission from UNCITRAL
An English seller, plaintiff, sued a Swiss buyer, defendant, for
damages in connection with a contract for the supply of cobalt. The
buyer refused to accept delivery and as a consequence thereof, the
seller sold the goods to a third party.
The court found that the legal relation between the parties had an
international character. However, as the parties had not made an
explicit choice of a foreign law and had not even made a reference
to any foreign law or the CISG in their submissions, the court
concluded that, during the proceedings, the parties agreed upon
Swiss law to govern the contract. As a result, the court applied
domestic Swiss law.
The court did not make any reference to the CISG, which could have
been applied pursuant to article 1(1)(b) CISG.
Case abstract
APPLICATION OF CISG: No [Article 6] [CISG overlooked]
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue: Article
Classification of issues using UNCITRAL classification code
numbers: 6B [Agreements to apply Convention (At trial parties agreed upon Swiss law. Court applied Swiss
domestic law, not Swiss CISG law.)].
Descriptors: Classification of issues present
German: Schweizerische Zeitschrift für Internationales und Europäisches Recht (SZIER)/ Revue suisse de droit international et de droit européen (1997) 134
CITATIONS TO TEXT OF DECISION
Original language (German): Unavailable
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
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