ICC Arbitration Case No. 9773 of 1999 (Buckwheat case)
[Cite as: http://cisgw3.law.pace.edu/cases/999773i1.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: 9773 of 1999 [?]
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: China
BUYER'S COUNTRY: Poland
GOODS INVOLVED: Hulled buckwheat for cereal
APPLICATION OF CISG: Yes. CISG selected by parties.
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
9D [Parties bound by applicable usages and practices];
35A ; 35B3 [Conformity of goods to contract: quality, quantity and description required by contract; Quality of goods held out as sample or model]
Descriptors:
CITATIONS TO ABSTRACTS OF DECISION
(a) UNCITRAL abstract: Unavailable
(b) Other abstracts
Unavailable
CITATIONS TO TEXT OF DECISION
Original language: Unpublished
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
English: van Houtte, ICC International Court of Arbitration Bulletin, Vol. 11/No. 2 (Fall 2000) 27 n.10 [choice of law], 26 n.40 [CISG and complementary national law], 29 n. 55 [tribunal ruled that "buyer could not argue that infected buckwheat delivered from China did not conform to the sample, as in the cereal business samples had a limited aim, being intended to define such type-specific characteristics as the kind of buckwheat and the colour and size of the kernel; they were irrelevant to phytosanitary purposes."], 29-30 n.61 [In a dispute over the quality of hulled buckwheat, sold CIF from China to Poland, the parties had agreed in the contract that the Chinese phytosanitary authorities should inspect the conformity of buckwheat on shipment. Although the quality was bas on arrival in Poland, the product complied with contractual specifications according to the Chinese inspection certificate. As the buyer had agreed to the determination of conformity through the Chinese inspection, it was not entitled to compensation."]; [2004] S.A. Kruisinga, (Non-)conformity in the 1980 UN Convention on Contracts for the International Sale of Goods: a uniform concept?, Intersentia at 33
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