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CISG CASE PRESENTATION

China 3 January 1999 Guangdong High People’s Court [Appellate Court] (Frozen sea trout case)
[Cite as: http://cisgw3.law.pace.edu/cases/990103c1.html]

Primary source(s) of information for case presentation: Case text

Case Table of Contents


Case identification

DATE OF DECISION: 19990103 (3 January 1999)

JURISDICTION: People's Republic of China

TRIBUNAL: Guangdong High People’s Court [Appellate Court]

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: Unavailable

CASE NAME: Tung Hang (Asia) Co. Ltd. v. Shenzhen Haizhongbao Aquatic Products Trading Co. Ltd.

CASE HISTORY: Unavailable

SELLER'S COUNTRY: People’s Republic of China [Mainland China] (plaintiff)

BUYER'S COUNTRY: Hong Kong (defendant)

GOODS INVOLVED: Frozen whole round sea trout


Classification of issues present

APPLICATION OF CISG: No. The contract provided that the Chinese law is applicable on condition that either the place of conclusion of the contract or where the goods are located when the dispute arises is within China, or that the Defendant is a legal person of China, and that the CISG is otherwise applicable. The Court found that the parties concluded their contract in Shenzhen, China, and that the goods were in Huangpu Port, Guangzhou, China. The Court held that the law applicable to the dispute is therefore Chinese domestic law rather than the CISG.

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles [-]

Classification of issues using UNCITRAL classification code numbers:

Unavailable

Descriptors: Application of Convention

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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 (Chinese): Click here for Chinese text of case; see also CISG-China No. [BPC/25] <http://aff.whu.edu.cn/cisgchina/en/news_view.asp?newsid=115>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

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Pace Law School Institute of International Commercial Law - Last updated February 2, 2010
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