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CISG CASE PRESENTATION

ICC Arbitration Case No. 9773 of 1999 (Buckwheat case)
[Cite as: http://cisgw3.law.pace.edu/cases/999773i1.html]

Primary source(s) of information for case presentation: Cited in van Houtte, ICC International Court of Arbitration Bulletin (Fall 2000)

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Case identification

DATE OF DECISION: 19990000 (1999)

JURISDICTION: Arbitration ; ICC

TRIBUNAL: Court of Arbitration of the International Chamber of Commerce

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: 9773 of 1999 [?]

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: China

BUYER'S COUNTRY: Poland

GOODS INVOLVED: Hulled buckwheat for cereal


Classification of issues present

APPLICATION OF CISG: Yes. CISG selected by parties.

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 9 ; 35

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: Usages and practices ; Conformity of goods

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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Original language: Unpublished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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Pace Law School Institute of International Commercial Law - Last updated February 15, 2007
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