Date: 00.00.2002
Country: Arbitral Award
Number: 11638
Court: ICC International Court of Arbitration
Parties: --
In a dispute relating to an international sales contract governed by the CISG, the Sole Arbitrator decided to apply the UNIDROIT Principles not only to the matters governed by the Convention but not expressly settled by it, but also to the matters outside the scope of the Convention. With respect to matters governed by the CISG but not expressly settled by it the application of the UNIDROIT Principles was justified because Article 7(2) of the CISG provides that they should be settled in conformity with the general principles on which the CISG is based, and since one of these principles is the need to promote uniformity in the application of the Convention (Art. 7(1) CISG) it is more likely to be fulfilled by applying the UNIDROIT Principles than any domestic law. With respect to the matters outside the scope of the Convention, it is true that the law applicable should be determined in conformity with the law applicable by virtue of the rules of private international law. However, according to the Sole Arbitrator, under Art. 17(1) of the ICC Rules and Arbitration in the case at hand the application of the UNIDROIT Principles should be preferred to any domestic law which has not been designated by the parties, the content of which has not been established and which therefore does not seem appropriate to solve the dispute at hand.