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CISG Article 78: Endless disagreement among
commentators, much less among the courts

Francesco G. Mazzotta
July 2004

Appendix 4

CHINA

Courts

CIETAC China International Economic and Trade Arbitration Commission

1. CIETAC Arbitration, April 19, 1991, available at <http://cisgw3.law.pace.edu/cases/910419c1.html>.

Original language:     
Translation:
Chinese
Available

Court (translation):

"[Seller] should compensate $56,000 for Claimant [buyer's] loss (calculated at $200/t) plus interest on it in the amount of $5,226.70 (from November 1990 to December 1991, calculated at an annual rate of 8%): a total payment of $61,226.70."

2. CIETAC Arbitration, October 30, 1991, available at <http://cisgw3.law.pace.edu/cases/911030c1.html>.

Original language:     
Translation:
Chinese
Available

3. Xiamen Intermediate People's Court, December 31, 1992, available at <http://cisgw3.law.pace.edu/cases/921231c1.html>.

Original language:     
Translation:
Chinese
Unavailable

Unilex abstract:

"Finally, the seller was awarded interest on the sums the buyer owed (Art. 78 CISG)."

4. Guandong Higher People's Court, March 7, 1994, available at <http://cisgw3.law.pace.edu/cases/940307c1.html>.

Original language:     
Translation:
Chinese
Unavailable

5. CIETAC Arbitration, 1995, available at <http://cisgw3.law.pace.edu/cases/950000c1.html>.

Original language:     
Translation:
Chinese
Unavailable

6. Fujian Higher People's Court, December 31, 1996, available at <http://cisgw3.law.pace.edu/cases/961231c1.html>.

Original language:     
Translation:
Chinese
Unavailable

7. Guangxi Beihai Maritime, March 5, 2002, available at <http://cisgw3.law.pace.edu/cases/020305c1.html>.

Original language:     
Translation:
Chinese
Available

Court (translation):

"The two parties did not choose the applicable law and the destination of the transportation contract is located in the jurisdiction of the court. Therefore, pursuant to Article 269 of the Maritime Law of the People's republic of China, which stipulates that 'where the parties do not choose the applicable law, the law of the nation holding the closest connection with the contract shall be applied', the Maritime Law of the People's Republic of China, the Contract Law of the People's Republic of China and the relevant international conventions shall be applied to this case

....

However, [Buyer]'s claim for the interest counted at the London Interbank Offered Rate was not proper. To be fair, the interest shall be counted at the contemporary lending rate of the liquid capital promulgated by the People's Bank of China."

SUMMARY

Cases involving Article 78: 7
Cases for which an English translation is available: 2
Cases for which only an abstract was available: 1
Cases for which neither translation nor abstract was available: 4


Pace Law School Institute of International Commercial Law - Last updated November 15, 2004
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