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Abstract
Date: 00.00.2004
Country: Arbitral Award
Number: 12460
Court: ICC International Court of Arbitration
Parties: --
Citation: http://www.unilex.info/case.cfm?id=1433
An international sales contract contained a choice of law clause in favour of the “substantive law” (“droit matériel”) of a country party to the CISG. The Arbitral Tribunal interpreted this generic reference to the substantive law of the country in question as an indication that the CISG was applicable in the case at hand. At the same time however the Arbitral Tribunal pointed out that the gaps in the CISG would have to be filled on the basis of the general principles underlying the Convention and that these general principles are contained and further developed in the UNIDROIT Principles and that only where the solution cannot be found in the UNIDROIT Principles reference to the domestic law of the country in question was justified.