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CISG CASE PRESENTATION

Germany 6 May 1998 Appellate Court Hamm (Machine case)
[Cite as: http://cisgw3.law.pace.edu/cases/980506g1.html]

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

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Case identification

DATE OF DECISIONS: 19980506 (6 May 1998)

JURISDICTION: Germany

TRIBUNAL: OLG Hamm [OLG = Oberlandesgericht = Provincial Court of Appeal]

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: 11 U 180/97

CASE NAME: German case citations do not identify parties to proceedings

CASE HISTORY: 1st instance LG Siegen 2 September 1997 [reversed and remanded]

SELLER'S COUNTRY: Italy [plaintiff]

BUYER'S COUNTRY: Germany [defendant]

GOODS INVOLVED: Machine


Case abstract

GERMANY: Oberlandesgericht Hamm 6 May 1998

Case law on UNCITRAL texts (CLOUT) abstract no. 278

Reproduced with permission from UNCITRAL

During litigation concerning claims arising from an international contract of sale, the parties agreed to exclude application of the CISG.

The court held that parties to an international contract of sale may exclude application of the CISG by agreement and that such an agreement may be reached after conclusion of the contract, for example, during litigation. It also said that the CISG is clearly excluded when the parties agree on the law of a non-Contracting State (article 6 CISG).

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Classification of issues present

APPLICATION OF CISG: No [Article 6]

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 6

Classification of issues using UNCITRAL classification code numbers:

6A [Exclusion of Convention: agreement on law of Contracting State after conclusion of contract (during litigation)]

Descriptors: Applicability ; Choice of law

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Editorial remarks

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Citations to other abstracts, case texts and commentaries

CITATIONS TO OTHER ABSTRACTS OF DECISION

Unavailable

CITATIONS TO TEXT OF DECISION

Original language (German): [1999] Neue Juristische Wochenschrift-Rechtsprechungsreport (NJW-RR) 364-365; [1999] Transportrecht-Internationales Handelsrecht 40

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

English: [2004] S.A. Kruisinga, (Non-)conformity in the 1980 UN Convention on Contracts for the International Sale of Goods: a uniform concept?, Intersentia at 8

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Pace Law School Institute of International Commercial Law - Last updated November 9, 2004
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