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CISG CASE PRESENTATION

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


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Case identification

DATE OF DECISION: 19950316 (16 March 1995)

JURISDICTION: Switzerland

TRIBUNAL: KG Zug [KG = Kantonsgericht = District Court]

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: A3 1993 20

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: England [plaintiff]

BUYER'S COUNTRY: Switzerland [defendant]

GOODS INVOLVED: Cobalt


Case abstract

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.

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Classification of issues present

APPLICATION OF CISG: No [Article 6] [CISG overlooked]

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 6

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: Choice of law ; Exclusion of Convention

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Editorial remarks

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Citations to other abstracts, texts and commentaries

CITATIONS TO OTHER ABSTRACTS OF DECISION

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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Pace Law School Institute of International Commercial Law - Last updated May 3, 2002
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