New Zealand 2 December 1997 Court of Appeal (BP Oil NZ Limited v. Rhumvale Resources Limited) (Prize machines case)
[Cite as: http://cisgw3.law.pace.edu/cases/971202n6.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: CA 181/96
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: Switzerland (plaintiff)
BUYER'S COUNTRY: New Zealand (defendant)
GOODS INVOLVED: Poker-like prize machines
APPLICATION OF CISG: No
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
Descriptors:
The sole reference to the CISG is:
"The [1990] Egapro [licensing and distributorship] agreement provided that it was governed by Swiss law (cl 8). Switzerland did not become party to the United Nations Convention on Contracts for the International Sale of Goods until 1 April 1991, after the concluding of the Egapro agreement, and accordingly the rules in that Convention are not relevant, article 100(2). (New Zealand became party on 1 October 1995.) Since no evidence has been led on this matter, we must assume that the Egapro agreement is to be interpreted in accordance with New Zealand law ..."
CITATIONS TO ABSTRACTS OF DECISION
(a) UNCITRAL abstract: Unavailable
(b) Other abstracts
Unavailable
CITATIONS TO TEXT OF DECISION
Original language (English): [1997] 8 Trade and Competition Law Reports (TCLR) 116-130 (Court of Appeal CA)
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
Unavailable
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