ICC Arbitration Case of 20 December 1999
[Cite as: http://cisgw3.law.pace.edu/cases/991220i1.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: Unavailable
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: Germany (claimant)
BUYER'S COUNTRY: Yugoslavia (respondent)
GOODS INVOLVED: [-]
IHR headnotes this case as follows:
"1. A unilateral modification of the discount rates in the sales contract by the manufacturer is a fundamental breach of contract entitling the buyer to declare the contract avoided.
"2. On the measurement of damages after a covering purchase by the buyer’s customer.
"3. According to the complementarily applicable Swiss law, the Arbitral Tribunal has jurisdiction for counterclaims raised by the defendant by way of set-off only if a corresponding intention of the parties can be determined." Internationales Handelsrecht (1/2004) 21.
APPLICATION OF CISG: [-]
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
Descriptors:
CITATIONS TO ABSTRACTS OF DECISION
(a) UNCITRAL abstract: Unavailable
(b) Other abstracts
Unavailable
CITATIONS TO TEXT OF DECISION
Original language (German): Internationales Handelsrecht (January/February 2004) 21-25
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
Unavailable
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Institute of International Commercial Law - Last updated May 13, 2004