Hungary 8 May 1997 Budapest Arbitration proceeding Vb 96038
[Cite as: http://cisgw3.law.pace.edu/cases/970508h1.html]
DATE OF DECISIONS:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: Vb 96038
CASE
NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: Hungary (claimant)
BUYER'S COUNTRY: Italy (defendant)
GOODS INVOLVED: Unavailable
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)]).
APPLICATION OF CISG: Yes [Article 1(1)(a) for part of contract]
APPLICABLE CISG PROVISIONS AND ISSUES
Key
CISG
provisions
at
issues:
Classification of issues using UNCITRAL classification code numbers:
Descriptors:
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