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CISG CASE PRESENTATION

Bulgaria 29 September 1997 Arbitration Case 71/94 [translation available]
[Cite as: http://cisgw3.law.pace.edu/cases/970929bu.html]

Primary source(s) for case presentation: Case text

Case Table of Contents


Case identification

DATE OF DECISIONS: 19970929 (29 September 1997)

JURISDICTION: Arbitration ; Bulgaria

TRIBUNAL: Bulgarian Chamber of Commerce and Industry [BTTP (Bulgarska turgosko-promishlena palata)]

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: 71/94

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Bulgaria

BUYER'S COUNTRY: Russia

GOODS INVOLVED: Unavailable


Classification of issues present

APPLICATION OF CISG: No

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issues: Article 6

Classification of issues using UNCITRAL classification code numbers:

6A1 [Implied exclusion of Convention by contract: choice of Bulgarian law held to be an exclusion of Convention]

Descriptors: Choice of law

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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

Unavailable

CITATIONS TO TEXT OF DECISION

Original language (Bulgarian): Praktika Bulgarska turgovsko-promishlena palata (BTPP) 1996-1997 No. 71 [132-133]

Translation (English): Text presented below

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Case text (English translation) [second draft]

Queen Mary Case Translation Programme

Arbitration Tribunal of Bulgarian Chamber of Commerce & Industry
Case No. 71/94 of 29 September 1997

Translation by Bojidara Borisova [*]

SUMMARY

The Arbitrate Tribunal ruled that the parties could exclude the application of the Convention or, subject to article 12, derogate from or vary the effect of any of its provisions.

CASE DECISION

The contract designates Bulgarian law as the substantive law applicable for the settlement of disputes between the contracting parties.

The choice of the applicable law excludes according to the prescription of Article 6 of the CISG (ratified by Bulgaria as well as the USSR, whose successor is the Rusian Federation) its application towards the sales contract concluded between the parties (For more detailed doctrinal argumentation see Stalev, Jivko Vienna Convention for International Sale of Goods - Brief Commentary, 1981, p.19). For this reason, the reliance of the respondent on the CISG cannot be taken into consideration when deciding the dispute, because it is in contradiction with the prescription of Article 6 of the CISG.


FOOTNOTE

* Bojidara Borisova is a candidate for the degree of Ph.D. in Law at Sofia University "ST.Kl.Oxridski", Bulgaria.

All translations should be verified by cross-checking against the original text.

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Pace Law School Institute of International Commercial Law - Last updated June 24, 2003
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