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Abstract
Date: 00.00.2003
Country: Arbitral Award
Number: 12097
Court: ICC International Court of Arbitration
Parties: --
Citation: http://www.unilex.info/case.cfm?id=1434
A sales contract entered into between a Finnish company and a French company was in its English version silent as to the applicable law, while its Russian version according to Claimant made reference to “legislation of Sweden and generally accepted standards of international trade”. When a dispute arose, Claimant invoked the application of “Swedish substantive law” and Respondent argued in favour of the application of the CISG which was adopted in both Finland and France. The Sole Arbitrator, after pointing out that the CISG was also part of Swedish law though, like in Finland, without its Part II on Formation, announced that he would apply the CISG supplemented if necessary by “general principles of law” such as the UNIDROIT Principles. In the Terms of Reference the question of the applicable law was expressly left to the Sole Arbitrator to decide. The Sole Arbitrator ultimately decided to apply Part I and Part III of the CISG and that the UNIDROIT Principles should govern the formation of the contract as well as supplement the CISG also in other respects according to Arts. 7 and 9 CISG.