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CISG CASE PRESENTATION

ICC Arbitration Case No. 8502 of November 1996 (Rice case) [English text]
[Cite as: http://cisgw3.law.pace.edu/cases/968502i1.html]

Primary source(s) of information for case presentation: Case text

Case Table of Contents


Case identification

DATE OF DECISION: 19961100 (November 1996)

JURISDICTION: Arbitration ; ICC

TRIBUNAL: Court of Arbitration of the International Chamber of Commerce

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: 8502 of November 1996

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Viet Nam (respondent)

BUYER'S COUNTRY: France and Netherlands (claimant)

GOODS INVOLVED: Rice


Classification of issues present

APPLICATION OF CISG: Contract contains no choice of law clause. Contract referred to Incoterms and UCP 500, which Tribunal concluded as evidence of intent to have contract governed by international trade usages and customs. Tribunal applied the CISG and UNIDROIT Principles as evidence of such usages and customs.

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 76

Classification of issues using UNCITRAL classification code numbers:

76B ; 76C1 [Damages recoverable based on current price ; Reference-point as to place: place where delivery should have been made]

Descriptors: Damages ; Cover transactions

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Editorial remarks

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Citations to case abstracts, texts, and commentaries

CITATIONS TO ABSTRACTS OF DECISION

(a) UNCITRAL abstract: Unavailable

(b) Other abstracts

English: Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=395&step=Abstract>

CITATIONS TO TEXT OF DECISION

Original language (English): ICC International Court of Arbitration Bulletin, Vol. 10, No. 2 (Fall 1999) 72-74; Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=395&step=FullText>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

English: Liu Chengwei, Recovery of interest (November 2003) n.81

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Pace Law School Institute of International Commercial Law - Last updated February 15, 2007
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