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CISG CASE PRESENTATION

Hungary 8 May 1997 Budapest Arbitration proceeding Vb 96038
[Cite as: http://cisgw3.law.pace.edu/cases/970508h1.html]

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

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Case identification

DATE OF DECISIONS: 19970508 (8 May 1997)

JURISDICTION: Arbitration; Hungary

TRIBUNAL: Arbitration Court of the Chamber of Commerce and Industry of Budapest

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: Vb 96038

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Hungary (claimant)

BUYER'S COUNTRY: Italy (defendant)

GOODS INVOLVED: Unavailable


Case abstract

HUNGARY: 8 May 1997 Arbitration Court of Budapest Chamber of Commerce and Industry

Case law on UNCITRAL texts (CLOUT) abstract no. 174

Reproduced with permission from UNCITRAL

The Hungarian [seller] and the Italian [buyer] agreed that Hungarian law would govern their contract. The contract contained the elements of both a sales and an agency agreement. At the time of concluding the contract, the CISG was already applicable in both Italy and Hungary. Therefore, one of the parties argued that the CISG would be applicable to their contract even without any choice of law clause and that by "Hungarian law" their contract was referring to the Hungarian Civil Code.

The arbitral court applied the CISG to the elements of sale (article [1(1)(a)]) and the Hungarian Civil Code to the agency elements (article [1(1)(b)]).

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Classification of issues present

APPLICATION OF CISG: Yes [Article 1(1)(a) for part of contract]

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issues: Articles 4 [Also cited: Articles 1(1)(b) ; 6 ; 45(1) ; 74 ; 79 ]

Classification of issues using UNCITRAL classification code numbers:

4A ; 4B [Issues covered: sales agreement; Issues excluded: agency elements]

Descriptors: Scope of Convention ; Agency issues

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Editorial remarks

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Citations to other abstracts, case texts and commentaries

CITATIONS TO OTHER ABSTRACTS OF DECISION

English: Unilex database [CLOUT abstract]

CITATIONS TO TEXT OF DECISION

Original language (Hungarian): Text available from UNCITRAL

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Enlglish: Petrochilos, Arbitration Conflict of Laws Rules and the CISG (1999) n.89

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