CISG CASE PRESENTATION

ICC Arbitration Case No. 9474 of February 1999 (Printed banknotes case) [English text]
[Cite as: http://cisgw3.law.pace.edu/cases/999474i1.html]

Case Table of Contents

• Case identification
• Classification of issues present
• Editorial remarks
• Citations to case abstracts, texts, and commentaries
• Guide to links contained in case presentations

Case identification

DATE OF DECISION: 19990200 (February 1999)

JURISDICTION: Arbitration ; ICC

TRIBUNAL: Court of Arbitration of the International Chamber of Commerce

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: 9947 of February 1999

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Unavailable

BUYER'S COUNTRY: Unavailable

GOODS INVOLVED: Contract for printing and delivery of banknotes

Classification of issues present

APPLICATION OF CISG: No, not as such. Contract stated that it shall be governed by "general standards and rules of international contracts." The following CISG provisions were discussed by anology.

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 29 ; 39 ; 40 ; 44

Classification of issues using UNCITRAL classification code numbers:

29A [Parties by agreement may modify or terminate the contract: consideration unnecessary];

39A [Buyer must notify seller of lack of conformity within reasonable time];

40B [Seller's knowledge of non-conformity: seller fails to disclose known non-conformity: seller loses right to rely on articles 38 and 39];

44A [Excuse for failure to notify pursuant to art. 39(1)]

Descriptors: Modification of contract ; Lack of conformity notice, timeliness ; Lack of conformity known to seller ; Excuse

Go to Case Table of Contents

Editorial remarks

• Unavailable

Go to Case Table of Contents

Citations to case abstracts, texts, and commentaries

CITATIONS TO ABSTRACTS OF DECISION

(a) UNCITRAL abstract: Unavailable

(b) Other abstracts

English: Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=716&step=Abstract>

CITATIONS TO TEXT OF DECISION

Original language (English): ICC International Court of Arbitration Bulletin, Vol. 12/No.2, 64; Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=716&step=FullText>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

English: Larry A. DiMatteo et al., 34 Northwestern Journal of International Law & Business (Winter 2004) 299-440 at n.168; CISG-AC advisory opinion on Examination of the Goods and Notice of Non-Conformity [7 June 2004] (cases cited in addendum to opinion)