SELECTED CASES BY TYPE OF CONTRACT INVOLVED

KEYWORD Count of Cases
ADMINISTRATIVE CONTRACTS 11
AGENCY CONTRACT 6
ARBITRATION AGREEMENT 6
ASSIGNMENT CONTRACT 1
BANK GUARANTEE 2
BARTER AGREEMENT 2
BUILD-OPERATE-TRANSFER (BOT) CONTRACT 1
BUSINESS PURCHASE AGREEMENT 1
CONCESSION CONTRACT 3
CONSORTIUM AGREEMENT 2
CONSTRUCTION AND MAINTENANCE CONTRACT 1
CONSTRUCTION AND MANAGEMENT CONTRACT 1
CONSTRUCTION CONTRACT 23
CONSULTING CONTRACT 2
CONTRACT FOR SUPPLY AND INSTALLATION 1
CONTRACT FOR SUPPLY, INSTALLATION AND MAINTENANCE 1
CONTRACT FOR TRANSFER OF FOOTBALL PLAYER 1
CONTRACT OF CARRIAGE OF GOODS 3
CONTRACT ON TECHNOLOGY EXCHANGE AND TECHNICAL COOPERATION 1
COOPERATION AGREEMENT 2
DEVELOPMENT AGREEMENT 3
DISTRIBUTION AGREEMENT 18
EASEMENT CONTRACT 3
EMPLOYMENT CONTRACT 2
EXPLORATION AND EXPLOITATION AGREEMENT 1
INSURANCE CONTRACT 4
INTER-FIRM AGREEMENT 1
JOINT-VENTURE AGREEMENT 4
LAND USE CONTRACT 1
LEASE CONTRACT 15
LICENSING AGREEMENT 8
LICENSING AND JOINT RESEARCH AGREEMENT 1
LICENSING AND SERVICE AGREEMENT 1
LOAN AGREEMENT 11
LONG-TERM CONTRACTS 142
MARKETING AGREEMENT 1
MEDIATION AGREEMENT 1
MEMORANDUM OF UNDERSTANDING 5
PRE-BID AGREEMENT 1
PRODUCTION SHARING AGREEMENT 1
SALES CONTRACT 132
SATELLITE CONTRACT 3
SERVICE CONTRACT 36
SETTLEMENT AGREEMENT 9
SHARE OPTION AGREEMENT 1
SHARE PURCHASE AGREEMENT 11
SHAREHOLDERS AGREEMENT 2
STATE CONTRACTS 33
SUPPLY CONTRACT 41
TRANSPORT CONTRACT 4

SELECTED CASES BY NATIONALITY OF THE PARTIES

KEYWORD Count of Cases
AFRICAN 4
ALGERIAN 1
ARGENTINIAN 14
AUSTRALIAN 16
AUSTRIAN 9
BAHAMIAN 1
BELGIAN 5
BELORUSSIAN 7
BERMUDIAN 1
BRAZILIAN 9
BRITISH VIRGIN ISLAND 1
BULGARIAN 1
CANADIAN 10
CENTRAL EUROPEAN 1
CHILEAN 1
CHINESE 33
COLOMBIAN 5
CONGOLESE 1
COSTA RICAN 5
CYPRIOT 6
CZECH 1
DANISH 3
DUTCH 21
DUTCH ANTILLEAN 1
EAST ASIAN 1
EASTERN EUROPEAN 6
ECUADORIAN 1
EGYPTIAN 1
ENGLISH 33
ESTONIAN 2
EUROPEAN 46
FINNISH 1
FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS (FAO) 1
FOOTBALL ASSOCIATION OF WALES 1
FRENCH 35
GEORGIAN 1
GERMAN 21
GERMAN DEMOCRATIC REPUBLIC 1
GIBRALTAR 1
GREEK 4
HONG KONG 3
HUNGARIAN 3
INDIAN 8
INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT (IFAD) 1
INTERNATIONAL ORGANIZATION 3
IRANIAN 10
IRAQI 1
ISRAELI 1
ITALIAN 37
IVORIAN 1
JAPANESE 5
KAZAKH 5
KOREAN 4
KUWAITI 2
KYRGYZ 1
LATIN AMERICAN 1
LEBANESE 3
LIBYAN 1
LIECHTENSTEIN 5
LITHUANIAN 16
LUXEMBOURG 1
MARSHALLESE 1
MEMBER FIRMS OF THE ANDERSEN WORLDWIDE ORGANIZATION 1
MEXICAN 4
MIDDLE EASTERN 4
MOLDAVIAN 1
MOROCCAN 1
NEW ZEALAND 5
NIGERIAN 1
NORTH AFRICAN 1
NORTH AMERICAN 1
NORWEGIAN 2
PAKISTANI 1
PANAMANIAN 1
PARAGUAYAN 18
PHILIPPINE 2
PLURALITY OF PARTIES OF DIFFERENT NATIONALITIES 7
POLISH 10
PORTUGUESE 3
PUERTO RICAN 1
ROMANIAN 5
RUSSIAN 95
RWANDESE 1
SALVADORAN 1
SCANDINAVIAN 1
SCOTTISH 1
SERBIAN 2
SINGAPOREAN 1
SLOVAKIAN 1
SLOVENIAN 1
SOUTH AFRICAN 1
SOUTH KOREAN 1
SOUTHWEST ASIAN 1
SPANISH 38
Arbitral Award
ICC International Court of Arbitration, Paris 8873

00-07-1997
LONG-TERM CONTRACTS - CONSTRUCTION CONTRACT - BETWEEN A SPANISH COMPANY AND A FRENCH COMPANY - PARTIES' CHOICE OF DOMESTIC LAW (SPANISH LAW) AS LAW GOVERNING THE CONTRACT - PARTY'S REQUEST THAT ARBITRAL TRIBUNAL APPLY UNIDROIT PRINCIPLES AS TRADE USAGES (ART. VII GENEVA CONVENTION ON INTERNATIONAL ARBITRATION ART. 13(5) OF THE ICC RULES OF ARBITRATION AND CONCILIATION) - ARBITRAL TRIBUNAL DECISION NOT TO APPLY THE UNIDROIT PRINCIPLES

HARDSHIP PROVISIONS IN THE UNIDROIT PRINCIPLES (ARTS. 6.2.2 AND 6.2.3) - DO NOT PRESENTLY REFLECT CURRENT PRACTICE IN INTERNATIONAL TRADE
Arbitral Award
ICC International Court of Arbitration, Paris 8817

00-12-1997
LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN A SPANISH COMPANY AND A DUTCH COMPANY - SILENT AS TO APPLICABLE LAW - ICC RULES, ART. 13(3) - DECISION BY ARBITRAL TRIBUNAL TO APPLY "THE PROVISIONS OF [CISG] AND ITS GENERAL PRINCIPLES, NOW CONTAINED IN THE UNIDROIT PRINCIPLES"

ESTABLISHED PRACTICE BETWEEN PARTIES - BINDING CHARACTER (ART. 1.8 UNIDROIT PRINCIPLES) (ART. 9 CISG)

DAMAGES - DUTY TO MITIGATE HARM (ART. 77 CISG) (ART. 7.4.8 UNIDROIT PRINCIPLES)
Arbitral Award
ICC International Court of Arbitration, Brussels 9459

00-00-1998
SHARE PURCHASE AGREEMENT - BETWEEN A FRENCH SELLER AND A SPANISH BUYER - SILENT AS TO THE APPLICABLE LAW - APPLICATION OF SPANISH LAW AS THE LAW MOST CLOSELY CONNECTED WITH THE CONTRACT

SILENCE OF THE PARTIES ON THE APPLICABLE LAW DOES NOT AMOUNT TO AN IMPLICIT CHOICE OF LAW - GENERIC REFERENCE TO UNIDROIT PRINCIPLES
Arbitral Award
ICC International Court of Arbitration 9594

00-03-1999
CONTRACT FOR SUPPLY AND INSTALLATION OF INDUSTRIAL MACHINERY - BETWEEN A SPANISH COMPANY AND AN INDIAN COMPANY - REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF A SOLUTION ADOPTED IN ACCORDANCE WITH THE APPLICABLE DOMESTIC LAW (ENGLISH LAW)

DUTY TO MITIGATE LOSSES (ARTICLE 7.4.8 OF THE UNIDROIT PRINCIPLES).
Arbitral Award
ICC International Court of Arbitration 11227

00-06-2001
MEMORANDUM OF UNDERSTANDING - BETWEEN A SPANISH COMPANY AND PORTUGUESE COMPANIES - CLAIMANT ARGUING ON THE BASIS NOT ONLY OF THE APPLICABLE DOMESTIC LAW (PORTUGUESE LAW) BUT ALSO OF THE UNIDROIT PRINCIPLES REFERRED TO AS "INTERNATIONAL PRACTICE"

QUESTION AS TO WHETHER MEMORANDUM OF UNDERSTANDING LEGALLY BINDING NOTWITHSTANDING PARTIES HAD LEFT SEVERAL MATTERS TO BE DETERMINED AT LATER STAGE - SOLUTION IN THE AFFIRMATIVE ACCORDING TO PORTUGUESE LAW AND TO THE UNIDROIT PRINCIPLES (ARTICLES 2.11(2) AND 2.14 [ARTS. 2.1.11(2) AND 2.1.14 OF THE 2004 EDITION])
Arbitral Award
ICC International Court of Arbitration, Montevideo 11317

00-01-2002
LONG-TERM CONTRACTS - SERVICE CONTRACT - BETWEEN A SPANISH COMPANY AND A BRAZILIAN COMPANY - REFERENCE BY ARBITRAL TRIBUNAL TO UNIDROIT PRINCIPLES TO CONFIRM THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (SPANISH LAW)

CHOICE OF LAW CLAUSE IN FAVOUR OF SPANISH LAW - BRAZILIAN PARTY INVOKING THE APPLICATION OF BRAZILIAN LAW ACCORDING TO ART. 9(2) OF THE INTRODUCTORY LAW TO BRAZILIAN CIVIL CODE (PRINCIPLE OF LOCUS REGIT ACTUS) - ARBITRAL TRIBUNAL CONFIRMS THE VALIDITY OF THE APPLICABLE LAW CHOICE ON THE BASIS OF BOTH SPANISH AND BRAZILIAN LAW - REFERENCE TO ARTS. 1.4 AND 1.7 UNIDROIT PRINCIPLES IN ORDER TO CONFIRM THE DECISION
Arbitral Award
Arbitration Court of the Lausanne Chamber of Commerce and Industry

25-01-2002
LONG-TERM CONTRACTS - CONSULTING CONTRACT - BETWEEN TWO BELGIAN INDIVIDUALS AND A SPANISH COMPANY - SILENT AS TO APPLICABLE LAW BUT CONTAINING REFERENCE TO "GENERAL PRINCIPLES OF LAW APPLICABLE TO INTERNATIONAL COMMERCIAL CONTRACTS" - AT BEGINNING OF ARBITRAL PROCEEDING PARTIES AGREE ON APPLICATION OF THE UNIDROIT PRINCIPLES

DUTY OF BEST EFFORTS AS CONTRASTED TO DUTY TO ACHIEVE A SPECIFIC RESUL (ART. 5.4 [5.1.4 OF THE 2004 EDITION] OF THE UNIDROIT PRINCIPLES)

NON-PERFORMANCE PARTLY CAUSED BY ACT OR OMISSION OF AGGRIEVED PARTY - AGGRIEVED PARTY PREVENTED FROM RELYING ON NON-PERFORMANCE - PRINCIPLE OF GOOD FAITH AND FAIR DEALING (ARTS. 7.1.2 AND 1.7 OF THE UNIDROIT PRINCIPLES)

CONTRACT INTERPRETATION - PREAMBLE OF CONTRACT NOT NECESSARILY RELEVANT (SEE COMMENT 2 TO ART. 4.4 OF THE UNIDROIT PRINCIPLES).

CONTRACT INTERPRETATION - ACCORDING TO UNDERSTANDING OF REASONABLE PERSON (ART. 4.1(2) OF THE UNIDROIT PRINCIPLES)

TERMINATION OF CONTRACT - NOTICE - INTERPRETATION OF CONTENT (ARTS. 4.2(2), 4.3 LIT. (C) AND 4.5 OF THE UNIDROIT PRINCIPLES)

COURSE OF DEALINGS - POWERS OF ATTORNEY OF ONE PARTY'S EMPLOYEE (ART. 1.8(1) OF UNIDROIT PRINCIPLES)

PACTA SUNT SERVANDA - TERMINATION OF CONTRACT LEGITIMATE ONLY WHEN ADMITTED BY CONTRACT OR SPECIFIC PROVISOINS OF UNIDROIT PRINCIPLES (ART. 1.3 OF UNIDROIT PRINCIPLES)

PUBLIC PERMISSION REQUIREMENT - PARTY UNDER DUTY TO APPLY FAILS TO DO SO - PARTY UNDER DUTY TO APPLY FAILS TO GIVE NOTICE TO OTHER PARTY (ART. 6.1.15(1) AND (2) OF UNIDROIT PRINCIPLES)

RIGHT TO PERFORMANCE OF NON-MONETARY OBLIGATION - OBLIGEE UNABLE TO GET PERFORMANCE IN NATURA - MAY CHANGE REMEDY AND ASK FOR DAMAGES (ART. 7.2.5(1) OF THE UNIDROIT PRINCIPLES)

RIGHT TO DAMAGES - DETERMINATION OF AMOUNT DUE (SEE ARTS. 7.4.1, 7.4.2, 7.4.3, 7.4.4, 7.4.7, 7.4.9(2) AND COMMENTS TO ART. 7.4.12 OF THE UNIDROIT PRINCIPLES)
Arbitral Award
ICC International Court of Arbitration 13009

00-00-2006
SETTLEMENT AGREEMENT - BETWEEN LIECHTENSTEIN SELLER AND SPANISH BUYER - FOLLOWING DISPUTE ARISING FROM A SALES CONTRACT - SALES CONTRACT AND SETTLEMENT AGREEMENT SILENT AS TO APPLICABLE LAW - ARBITRAL TRIBUNAL DECIDED TO APPLY UNIDROIT PRINCIPLES

SELLER'S CLAIM THAT IT HAD BEEN FORCED TO AGREE TO SETTLEMENT UNDER ECONOMIC DURESS BASED ON ARTICLES 1.7, 1.9, 3.8 [ART. 3.2.5 OF THE 2010 EDITION], 3.9 [ART. 3.2.6 OF THE 2010 EDITION], 3.10 [ART. 3.2.7 OF THE 2010 EDITION], 5.1.3 AND 5.1.4, AND 7.4.8 OF UNIDROIT PRINCIPLES - ARBITRAL TRIBUNAL DISMISSED ALL SELLER’S CLAIMS ON BASIS OF FACTS
International Centre for Settlement of Investment Disputes (ICSID)
International Centre for Settlement of Investment Disputes (ICSID)

30-07-2010
STATE CONTRACTS - LONG-TERM CONTRACTS - CONCESSION CONTRACT - BETWEEN FRENCH AND SPANISH INVESTORS AND THE ARGENTINIAN GOVERNMENT - DUE TO ARGENTINA'S FINANCIAL CRISIS ARGENTINIAN AUTHORITIES ADOPTED A SERIES OF MEASURES NEGATIVELY AFFECTING PROFITABILITY OF FOREIGN INVESTORS' INVESTMENT - ALLEGED VIOLATION BY ARGENTINA OF BILATERAL INVESTMENT TREATIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW)

RESPONDENT INVOKING FORCE MAJEURE AS EXCUSE FOR VIOLATION OF BIT - OBJECTION REJECTED ON THE GROUND THAT RESPONDENT WAS PARTLY RESPONSIBLE FOR ITS FINANCIAL CRISIS

REQUEST FOR RE-NEGOTIATION OF TERMS OF CONCESSION - IN ACCORDANCE WITH INTERNATIONAL STANDARDS IMPOSING IN LONG-TERM CONTRACTS IN THE EVENT OF HARDSHIP AN OBLIGATION TO NEGOTIATE CONTRACT ADAPTATION - REFERENCE TO ARTICLE 6:111 PRINCIPLES OF EUROPEAN CONTRACT LAW AND ARTICLES 6.2.2 AND 6.2.3 UNIDROIT PRINCIPLES

Portugal
Tribunal da Relação do Porto

04-01-2010
SALES CONTRACT - BETWEEN A PORTUGUESE BUYER AND A SPANISH SELLER - UNIDROIT PRINCIPLES AS A MEANS FOR INTERPRETING DOMESTIC LAW (PORTUGUESE LAW)

TERMINATION OF CONTRACT - DAMAGES FOR BREACH OF CONTRACT - AGGRIEVED PARTY ENTITLED TO FULL COMPENSATION FOR HARM, INCLUDING LOSS OF PROFIT (ARTICLE 7.4.2 UNIDROIT PRINCIPLES)
Portugal
Supremo Tribunal de Justiça

21-10-2010
SALES CONTRACT - BETWEEN A PORTUGUESE BUYER AND A SPANISH SELLER - UNIDROIT PRINCIPLES AS A MEANS FOR INTERPRETING DOMESTIC LAW (PORTUGUESE LAW)

TERMINATION OF CONTRACT - DAMAGES FOR BREACH OF CONTRACT - AGGRIEVED PARTY ENTITLED TO FULL COMPENSATION FOR HARM, INCLUDING LOSS OF PROFIT (ARTICLES 7.3.5(2) AND 7.4.2 UNIDROIT PRINCIPLES)
Russian Federation
Fifteenth circuit Arbitrazh Court of Appeal

21-01-2014
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN A RUSSIAN COMPANY AND A SPANISH COMPANY - UNIDROIT PRINCIPLES APPLIED AS MEANS FOR INTERPRETING DOMESTIC LAW (RUSSIAN LAW)

FREEDOM TO ENTER INTO AND DETERMINE THE CONTENT OF THE CONTRACT - REFERENCE TO ARTICLE 1.1. OF THE UNIDROIT PRINCIPLES OF INTERNATIONAL CONTRACTS AND TO ARTICLE 432 OF THE CIVIL CODE OF THE RUSSIAN FEDERATION.
Spain
Tribunal Supremo (Sala de lo Civil)

04-07-2006
LONG-TERM CONTRACTS - AGENCY CONTRACT - BETWEEN A GERMAN SHIPPING COMPANY AND A SPANISH COMPANY

UNIDROIT PRINCIPLES AND PRINCIPLES OF EUROPEAN CONTRACT LAW AS MEANS OF INTERPRETING DOMESTIC LAW (GERMAN LAW)

GOOD FAITH - PARAGRAPH 242 OF THE GERMAN CIVIL CODE DIFFERENT FROM ART. 1258 OF THE SPANISH CIVIL CODE - CORRESPONDING IN SUBSTANCE TO ART. 1.7 OF THE UNIDROIT PRINCIPLES AND ART. 1:201 OF THE PRINCIPLES OF EUROPEAN CONTRACT LAW
Spain
Tribunal Supremo (Sala de lo Civil)

16-05-2007
LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN TWO SPANISH PARTIES

REFERENCE TO UNIDROIT PRINCIPLES TO CONFIRM THAT THE SOLUTION PROVIDED BY APPLICABLE DOMESTIC LAW (SPANISH LAW) IS IN CONFORMITY WITH INTERNATIONAL STANDARDS

DAMAGES - PRINCIPLE OF FULL COMPENSATION - AMOUNT OF LOSS INCLUDING FUTURE LOSS TO BE PROVED WITH A REASONABLE DEGREE OF CERTAINTY TAKING INTO ACCOUNT WITH RESPECT TO LOSS OF A CHANCE THE PROBABILITY OF OCCURRENCE (ARTICLE 7.4.3 UNIDROIT PRINCIPLES)
Spain
Tribunal Supremo (Sala de lo Civil)

09-07-2007
SALES CONTRACT - BETWEEN SOME SPANISH INDIVIDUALS AND A SPANISH REAL ESTATE COMPANY

UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING DOMESTIC LAW (SPANISH LAW)

RIGHT TO DAMAGES - TO BE GRANTED WHEN DEFAULTING PARTY'S NON-PERFORMANCE SUBSTANTIALLY DEPRIVES AGGRIEVED PARTY OF WHAT IT WAS ENTITLED TO EXPECT UNDER THE CONTRACT (ART. 7.3.1(2)(A) UNIDROIT PRINCIPLES)
Spain
Tribunal Supremo (Sala de lo Civil)

23-07-2007
ADMINISTRATIVE CONTRACTS - SALES CONTRACT - BETWEEN A SPANISH INDIVIDUAL AND A SPANISH MUNICIPALITY

UNIDROIT PRINCIPLES AND PRINCIPLES OF EUROPEAN CONTRACT LAW AS MEANS OF INTERPRETING DOMESTIC LAW (SPANISH LAW)

TERMINATION FOR BREACH OF CONTRACT - ADMISSIBLE WHEN DEFAULTING PARTY'S NON-PERFORMANCE SUBSTANTIALLY DEPRIVES AGGRIEVED PARTY OF WHAT IT WAS ENTITLED TO EXPECT UNDER THE CONTRACT (ART. 7.3.1(2)(A) UNIDROIT PRINCIPLES)

NON-PERFORMANCE EXCUSED - CONDITIONS (ART. 8:108 PRINCIPLES OF EUROPEAN CONTRACT LAW)
Spain
Audiencia Provincial de Lleida (Cataluna)

13-09-2007
SALES CONTRACT - BETWEEN TWO SPANISH INDIVIDUALS - UNIDROIT PRINCIPLES AND PRINCIPLES OF EUROPEAN CONTRACT LAW AS MEANS OF INTERPRETING DOMESTIC LAW (SPANISH LAW)

IMPOSSIBILITY OF PERFORMANCE - EFFECTS OF ORIGINAL IMPOSSIBILITY THE SAME AS THOSE OF SUPERVENING IMPOSSIBILITY (ART. 3.3 (1) UNIDROIT PRINCIPLES; ART. 4:102 PRINCIPLES OF EUROPEAN CONTRACT LAW)
Spain
Audiencia Provincial de Madrid

12-11-2007
SALES CONTRACT - BETWEEN TWO SPANISH INDIVIDUALS - UNIDROIT PRINCIPLES USED AS A MEANS FOR INTERPRETING DOMESTIC LAW (SPANISH LAW)

TERMINATION OF CONTRACT - FUNDAMENTAL NON-PERFORMANCE (ARTICLE 7.3.1)
Spain
Audiencia Provincial de Tarragona

26-11-2007
SALES CONTRACT - BETWEEN A SPANISH CONSTRUCTION COMPANY AND A SPANISH INDIVIDUAL - UNIDROIT PRINCIPLES USED AS A MEANS FOR INTERPRETING DOMESTIC LAW (SPANISH LAW)

TERMINATION OF CONTRACT - FUNDAMENTAL NON-PERFORMANCE (ARTICLE 7.3.1)
Spain
Tribunal Supremo

21-12-2007
LONG-TERM CONTRACTS - LEASE CONTRACT - BETWEEN TWO SPANISH INDIVIDUALS - UNIDROIT PRINCIPLES USED AS A MEANS FOR INTERPRETING DOMESTIC LAW (SPANISH LAW)

INTERPRETATION OF CONTRACT ACCORDING TO MEANING COMMONLY GIVEN TO TERMS AND EXPRESSIONS IN THE TRADE CONCERNED (ARTICLE 4.3 LIT E))
Spain
Audiencia Provincial de Madrid

27-05-2008
LONG-TERM CONTRACTS - SECURITY SERVICE CONTRACT - BETWEEN TWO SPANISH PARTIES - UNIDROIT PRINCIPLES USED AS A MEANS FOR INTERPRETING DOMESTIC LAW (SPANISH LAW)

TERMINATION OF CONTRACT - FUNDAMENTAL NON-PERFORMANCE (ARTICLE 7.3.1)
Spain
Tribunal Supremo (sala de lo Civil, Sección 1ª)

03-12-2008
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN TWO SPANISH COMPANIES - GOVERNED BY SPANISH LAW

TERMINATION OF CONTRACT FOR FUNDAMENTAL BREACH - NOTION OF "FUNDAMENTAL BREACH" - REFERENCE TO ARTICLE 7.3.1 UNIDROIT PRINCIPLES, ARTICLES 8:101 AND 8:103 PRINCIPLES OF EUROPEAN CONTRACT LAW AND ART. 49(1) CISG

BUYER'S FAILURE TO PAY THE PRICE - AMOUNTS TO FUNDAMENTAL BREACH - SELLER ENTITLED TO TERMINATION
Spain
Audiencia Provincial de Cádiz (Sección 2ª)

19-01-2009
SALES CONTRACT - BETWEEN TWO SPANISH PARTIES - GOVERNED BY SPANISH LAW

TERMINATION OF CONTRACT FOR FUNDAMENTAL BREACH - NOTION OF "FUNDAMENTAL BREACH" - REFERENCE TO ARTICLE 7.3.1 UNIDROIT PRINCIPLES

ASSIGNMENT BY SELLER OF A PARKING SPACE LACKING CONTRACTUALLY AGREED SPECIFICATIONS - DOES NOT AMOUNT TO A FUNDAMENTAL BREACH
Spain
Audiencia Provincial de Valencia (Sección 7ª)

06-03-2009
SALES CONTRACT - BETWEEN TWO SPANISH PARTIES - GOVERNED BY SPANISH LAW

TERMINATION OF CONTRACT FOR FUNDAMENTAL BREACH - NOTION OF "FUNDAMENTAL BREACH" - REFERENCE TO ARTICLE 7.3.1 UNIDROIT PRINCIPLES, ARTICLES 8:101 AND 8:103 PRINCIPLES OF EUROPEAN CONTRACT LAW AND ARTICLE 49(1) CISG

BUYER'S FAILURE TO PAY THE REMAINDER OF THE PRICE - DOES NOT AMOUNT TO A FUNDAMENTAL BREACH
Spain
Tribunal Supremo

17-02-2010
LONG-TERM CONTRACTS - COAL SUPPLY CONTRACT - BETWEEN TWO SPANISH COMPANIES - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING THE APPLICABLE DOMESTIC LAW (SPANISH LAW)

FUNDAMENTAL NON-PERFORMANCE - REFERENCE TO ARTICLE 7.3.1(2)(A) UNIDROIT PRINCIPLES
Spain
Tribunal Supremo

15-06-2010
SHARE PURCHASE AGREEMENT - BETWEEN TWO SPANISH INDIVIDUAL AND A SPANISH COMPANY - REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (SPANISH LAW)

COMPENSATION OF NON-PECUNIARY HARM SUFFERED AS A RESULT OF BREACH OF CONTRACT - REFERENCE TO ARTICLE 1107 OF SPANISH CIVIL CODE AND TO ARTICLE 7.4.2(2) OF UNIDROIT PRINCIPLES
Spain
Tribunal Supremo

02-05-2011
CONSORTIUM AGREEMENT - BETWEEN TWO SPANISH COMPANIES - UNIDROIT PRINCIPLES USED AS A MEANS FOR INTERPRETING DOMESTIC LAW (SPANISH LAW)

INTERPRETATION OF CONTRACT ACCORDING TO MEANING COMMONLY GIVEN TO TERMS AND EXPRESSIONS IN THE TRADE CONCERNED (ARTICLE 4.3 LIT E))
Spain
Audiencia Provincial de Murcia (Sección 1)

08-07-2011
SALES CONTRACT - BETWEEN TWO SPANISH COMPANIES - REFERENCE TO THE CISG AND TO THE UNIDROIT PRINCIPLES IN SUPPORT OF THE SOLUTION UNDER THE APPLICABLE DOMESTIC LAW (SPANISH LAW)

PRICE OF THE GOODS NOT FIXED IN THE CONTRACT - TO BE DETERMINED IN ACCORDANCE WITH OBJECTIVE CRITERIA SUCH AS THE MARKET PRICE - REFERENCE TO SPANISH CIVIL CODE AND A NUMBER OF INTERNATIONAL INSTRUMENTS AMONG WHICH THE UNIDROIT PRINCIPLES (ART. 5.1.7)
Spain
Tribunal Supremo

12-12-2011
LONG-TERM CONTRACTS - LOAN AGREEMENT - BETWEEN TWO SPANISH INDIVIDUALS AND A SPANISH BANK - UNIDROIT PRINCIPLES AS A MEANS FOR INTERPRETING DOMESTIC LAW (SPANISH LAW)

LIABILITY FOR INCONSISTENT BEHAVIOUR - APPLICATION OF GENERAL PRINCIPLE OF GOOD FAITH - REFERENCE TO ARTICLE 1.7 UNIDROIT PRINCIPLES
Spain
Tribunal Supremo

29-02-2012
LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN A SPANISH RECORDING COMPANY AND A GROUP OF MUSICIANS - REFERENCE TO UNIDROIT PRINCIPLES TO CONFIRM THAT SOLUTION PROVIDED BY APPLICABLE DOMESTIC LAW (SPANISH LAW) IS IN CONFORMITY WITH INTERNATIONAL STANDARDS

CONTRACT INTERPRETATION ACCORDING TO COMMON INTENTION OF THE PARTIES (ARTICLE 4.1 UNIDROIT PRINCIPLES)
Spain
Audiencia Provincial Santa Cruz de Tenerife

07-03-2012
BARTER AGREEMENT - BETWEEN TWO SPANISH INDIVIDUALS - REFERENCE TO UNIDROIT PRINCIPLES AND PRINCIPLES OF EUROPEAN CONTRACT LAW TO INTERPRET APPLICABLE DOMESTIC LAW (SPANISH LAW) - REFERENCE TO THE TWO INSTRUMENTS JUSTIFIED "ON ACCOUNT OF THE COMMON ORIGIN OF THE PROVISIONS THEREIN CONTAINED"

TERMINATION FOR BREACH OF CONTRACT - ADMISSIBLE ONLY FOR BREACH OF FUNDAMENTAL NATURE (ART. 7.3.1 UNIDROIT PRINCIPLES)
Spain
Audiencia Provincial de A. Coruña (Seccion 4)

18-02-2013
LONG-TERM CONTRACTS - MARKETING AGREEMENT - BETWEEN TWO SPANISH PARTIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (SPANISH LAW)

HARDSHIP - CAN BE INVOKED ONLY IN EXCEPTIONAL CASES - REFERENCE TO ARTICLE 6.2.2 UNIDROIT PRINCIPLES

HARDSHIP - REQUEST FOR RE-NEGOTIATION OF CONTRACT BY DISADVANTAGED PARTY DOES NOT ENTITLE THAT PARTY TO WITHHOLD PERFORMANCE - REFERENCE TO ARTICLE 6.2.3(2) UNIDROIT PRINCIPLES
Spain
Tribunal Supremo

30-06-2014
LONG-TERM CONTRACTS - ADVERTISING SPACE LEASE CONTRACT - BETWEEN TWO SPANISH PARTIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (SPANISH LAW)

HARDSHIP - REFERENCE TO UNIDROIT PRINCIPLES TO OVERRULE THE PREEXISTING SPANISH LAW ON THE ISSUE

HARDSHIP – 2008 SPANISH ECONOMIC CRISIS - MAY RESULT IN A FUNDAMENTAL CHANGE OF CIRCUMSTANCES

HARDSHIP - CONTRACT ADAPTATION BY COURT
Spain
Tribunal Supremo

02-02-2015
DISPUTE BETWEEN TWO SPANISH PARTIES - REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (SPANISH LAW)

VIOLATION OF FUNDAMENTAL RIGHTS - AGGRIEVED PARTY ENTITLED TO COMPENSATION FOR MORAL DAMAGES - REFERENCE TO UNIDROIT PRINCIPLES AND PECL
Spain
Audiencia Provincial Madrid

17-02-2015
SALES CONTRACT - BETWEEN A SPANISH AND AN ITALIAN COMPANY - CONTRACT GOVERNED BY THE CISG

LIMITATION PERIODS - NOT COVERED BY THE CISG - REFERENCE TO ARTICLE 10. 2 OF UNIDROIT PRINCIPLES TO FILL IN THE GAP
Spain
Tribunal Supremo

24-02-2015
SALES CONTRACT - BETWEEN THREE SPANISH INDIVIDUAL AND A SPANISH COMPANY - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (SPANISH LAW)

HARDSHIP - REFERENCE TO UNIDROIT PRINCIPLES TO OVERRULE PREEXISTENT SPANISH LAW

HARDSHIP – 2008 SPANISH ECONOMIC CRISIS - CANNOT IN ITSELF REPRESENT A FUNDAMENTAL CHANGE OF CIRCUMSTANCES
Spain
Tribunal Supremo

04-03-2015
DISPUTE BETWEEN TWO SPANISH ELECTRICITY COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (SPANISH LAW)

MITIGATION OF LOSSES – REFERENCE TO ARTICLE 7.4.8 UNIDROIT PRINCIPLES
Spain
Tribunal Supremo

15-06-2015
BARTER AGREEMENT - BETWEEN SPANISH INDIVIDUALS - REFERENCE TO UNIDROIT PRINCIPLES AND PRINCIPLES OF EUROPEAN CONTRACT LAW TO INTERPRET APPLICABLE DOMESTIC LAW (SPANISH LAW)

TERMINATION OF CONTRACT FOR FUNDAMENTAL BREACH - NOTION OF "FUNDAMENTAL BREACH" - REFERENCE TO ARTICLE 7.3.1 UNIDROIT PRINCIPLES, ARTICLES 8:101 AND 8:103 PRINCIPLES OF EUROPEAN CONTRACT LAW AND ARTICLE 49(1) CISG

NOTION OF FUNDAMENTAL BREACH - INDEPENDENT OF THE INTENTION OF THE BREACHING PARTY
STATE OF THE FORMER SOVIET UNION 1
SWEDISH 8
SWISS 20
TURKISH 8
TURKMEN 1
UKRAINIAN 26
UNION OF EUROPEAN FOOTBALL ASSOCIATIONS (UEFA) 1
UNITED KINGDOM 3
UNITED NATIONS ORGANIZATION 2
UNITED STATES 38
URUGUAYAN 3
UZBEK 1
VENEZUELAN 3
VIETNAMESE 1
WEST INDIAN 2
WESTERN EUROPEAN 2

SELECTED CASES BY DOMESTIC LAW INVOLVED

KEYWORD Count of Cases
ALGERIAN LAW 1
ARGENTINIAN LAW 8
AUSTRALIAN LAW 14
AUSTRIAN LAW 3
BELORUSSIAN LAW 6
BRAZILIAN LAW 4
CHINESE LAW 14
COLOMBIAN LAW 5
COSTA RICAN LAW 4
CZECH LAW 1
DANISH LAW 1
DUTCH CARRIBEAN LAW 1
DUTCH LAW 7
ECUADORIAN LAW 1
EGYPTIAN LAW 1
ENGLISH LAW 16
FRENCH LAW 10
GERMAN LAW 6
GREEK LAW 1
INDIAN LAW 2
IRANIAN LAW 1
ITALIAN LAW 21
IVORIAN LAW 1
JAPANESE LAW 1
KAZAKH LAW 1
KUWAITI LAW 1
LAW OF A EASTERN EUROPEAN COUNTRY 1
LAW OF A NORDIC COUNTRY 1
LAW OF THE GERMAN DEMOCRATIC REPUBLIC 1
LAW OF THE STATE OF NEW YORK 1
LEBANESE LAW 1
LIBYAN LAW 1
LITHUANIAN LAW 16
MEXICAN LAW 2
NEW ZEALAND LAW 5
NORWEGIAN LAW 2
PARAGUAYAN LAW 18
POLISH LAW 3
PORTUGUESE LAW 3
QUEBEC LAW 3
ROMANIAN LAW 2
RUSSIAN LAW 74
SCOTTISH LAW 1
SERBIAN LAW 1
SPANISH LAW 27
SWEDISH LAW 5
SWISS LAW 11
TURKISH LAW 2
TURKMEN LAW 1
UKRAINIAN LAW 20
URUGUAYAN LAW 3

BY INTERNATIONAL LAW INVOLVED

Arbitral Award
ICC International Court of Arbitration, Paris 7365/FMS

05-05-1997
STATE CONTRACTS - CONTRACT FOR THE SUPPLY AND INSTALLATION OF MILITARY EQUIPMENT - BETWEEN A UNITED STATES CORPORATION AND THE IRANIAN AIR FORCE - PARTIES' CHOICE OF DOMESTIC LAW (IRANIAN LAW) - AGREEMENT BY PARTIES AS TO COMPLEMENTARY AND SUPPLEMENTARY APPLICATION OF THE GENERAL PRINCIPLES OF INTERNATIONAL LAW AND TRADE USAGES - ARBITRAL TRIBUNAL REFERENCE TO UNIDROIT PRINCIPLES TO DETERMINE CONTENT OF SUCH GENERAL PRINCIPLES

HARDSHIP - RIGHT TO DEMAND TERMINATION OR ADAPTATION OF CONTRACT (ART. 6.2.3(4) UNIDROIT PRINCIPLES)

IMPLIED OBLIGATIONS - GOOD FAITH AND FAIR DEALING (ARTS. 5.1 AND 5.2 [ARTS. 5.1.1 AND 5.1.2 OF THE 2004 EDITION] UNIDROIT PRINCIPLES)

TERMINATION - RIGHT TO RESTITUTION (ART. 7.3.6 UNIDROIT PRINCIPLES)

INTEREST - RIGHT TO INTEREST INDEPENDENT OF A FORMAL REQUEST BY AGGRIEVED PARTY (ART. 7.4.9 UNIDROIT PRINCIPLES) - DOUBTFUL WHETHER THIS PROVISION CORRESPONDS TO GENERALLY ACCEPTED PRINCIPLES OF INTERNATIONAL LAW
Arbitral Award
ICC International Court of Arbitration 12111

06-01-2003
SALES CONTRACT - BETWEEN A RUMANIAN COMPANY AND AN ENGLISH COMPANY - REFERRING TO "INTERNATIONAL LAW" AS THE LAW GOVERNING THE CONTRACT - TO BE UNDERSTOOD AS REFERENCE TO THE GENERAL PRINCIPLES OF LAW AND THE LEX MERCATORIA - APPLICATION OF THE UNIDROIT PRINCIPLES (PARAGRAPH 3 OF THE PREAMBLE OF THE UNIDROIT PRINCIPLES)

PRINCIPLES OF EUROPEAN CONTRACT LAW - ACADEMIC EXERCISE PRELIMINARY TO A EUROPEAN CIVIL CODE - AS SUCH NOT YET APPLICABLE TO INTERNATIONAL COMMERCIAL CONTRACTS
Arbitral Award
Arbitration Institute of the Stockholm Chamber of Commerce

29-03-2005
STATE CONTRACTS - LONG-TERM CONTRACTS - GAS SUPPLY CONTRACT - BETWEEN A GIBRALTAR COMPANY AND A KYRGYZ STATE OWNED COMPANY -REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW)

BUYER'S FAILURE TO PAY THE PRICE DUE TO INSOLVENCY CAUSED BY INTERFERENCE BY ITS COUNTRY'S GOVERNMENT - GOVERNMENT LIABLE FOR DAMAGES VIS-A-VIS SELLER

INTEREST - TO BE CALCULATED ON THE BASIS OF INTERNATIONAL RULES - APPLICATION OF ART. 7.4.9 UNIDROIT PRINCIPLES CONSIDERED BY ARBITRAL TRIBUNAL "TO BE AN APPROPRIATE BASIS FOR DETERMINING THE INTEREST"
Arbitral Award
Ad hoc Arbitration, Brussels

19-08-2005
STATE CONTRACTS - SHARE PURCHASE AGREEMENT - BETWEEN A DUTCH COMPANY AND THE POLISH GOVERNMENT - TO BE DECIDED ON THE BASIS OF THE BILATERAL TREATY FOR THE PROTECTION OF INVESTMENTS AND "THE UNIVERSALLY ACKNOWLEDGED RULES AND PRINCIPLES OF INTERNATIONAL LAW" - REFERENCE TO THE UNIDROIT PRINCIPLES
Arbitral Award
Eritrea Ethiopia Claims Commission

17-08-2009
ERITREA ETHIOPIA CLAIMS COMMISSION - DAMAGES CLAIMS - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE INTERNATIONAL LAW

DETERMINATION OF COMPENSATION FOR UNCERTAIN LOSSES - ASSESSMENT AT DISCRETION OF ADJUDICATING BODY - REFERENCE TO ARTICLE 7.4.3(3) UNIDROIT PRINCIPLES
Arbitral Award
Ad hoc Arbitration, The Hague

30-03-2010
STATE CONTRACTS - LONG-TERM CONTRACTS - EXPLORATION AND EXPLOITATION AGREEMENT - BETWEEN TWO UNITED STATES COMPANIES AND THE ECUADORIAN GOVERNMENT – REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW AS WELL AS ECUADORIAN LAW)

LOSS OF A CHANCE – CRITERION FOR DETERMINING AMOUNT OF DAMAGES IN CASE OF BREACH OF THE BIT DUE TO DENIAL OF JUSTICE – REFERENCE BY ONE OF THE PARTIES TO ARTICLE 7.4.3(2) OF UNIDROIT PRINCIPLES – ACCORDING TO ARBITRAL TRIBUNAL ONLY ADMISSIBLE WHERE AMOUNT OF LOSS NOT DETERMINABLE – REFERENCE TO COMMENT 2 TO ARTICLE 7.4.3 OF UNIDROIT PRINCIPLES

FORCE MAJEURE – HARDSHIP – DISTRIBUTION BETWEEN THE PARTIES IN A JUST AND EQUITABLE MANNER OF THE LOSSES AND GAINS RESULTING FROM UNFORESEEABLE EVENT – REFERENCE TO UNIDROIT PRINCIPLES (COMMENT ARTICLES 7.1.7 AND TO ARTICLES 6.2.2 – 6.2.3(2)) AND TO PRINCIPLES OF EUROPEAN CONTRACT LAW (ARTICLE 6:111(3)(B)) AS A MEANS TO INTERPRET ECUADORIAN LAW (ARTICLE 1563 ECUADORIAN CIVIL CODE)
International Centre for Settlement of Investment Disputes (ICSID)
International Centre for Settlement of Investment Disputes (ICSID)

19-01-2007
STATE CONTRACTS - LONG-TERM CONTRACTS - CONCESSION CONTRACT - BETWEEN A UNITED STATES-TURKISH CONSORTIUM AND THE TURKISH GOVERNMENT - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW)

CONCESSION CONTRACT CONCLUDED WITH TERMS LEFT OPEN - ONE PARTY ARGUED THAT NEVERTHELESS CONTRACT HAD BEEN VALIDLY CONCLUDED INVOKING ARTICLE 2.1.14 UNIDROIT PRINCIPLES IN SUPPORT THEREOF - ARBITRAL TRIBUNAL BASICALLY CONFIRMS

ONE PARTY ARGUED THAT DUTY TO NEGOTIATE IN GOOD FAITH DOES NOT ENTAIL OBLIGATION TO REACH AGREEMENT INVOKING ARTICLE 2.1.15 UNIDROIT PRINCIPLES - ARBITRAL TRIBUNAL BASICALLY CONFIRMS
International Centre for Settlement of Investment Disputes (ICSID)
International Centre for Settlement of Investment Disputes (ICSID)

29-07-2008
STATE CONTRACTS - LONG-TERM CONTRACTS - CONSTRUCTION CONTRACT - BETWEEN A CONGOLESE COMPANY CONTROLLED BY A UNITED STATES COMPANY AND THE CONGOLESE GOVERNMENT - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW)

DISPUTE OVER THE LATTER'S FAILURE TO PAY THE FULL AMOUNT OF THE PRICE OF A CONSTRUCTION CONTRACT ENTERED INTO WITH THE FORMER

JURISDICTION OF ICSID ARBITRAL TRIBUNAL CHALLENGED ON THE GROUND THAT NO CONTRACT HAD EVER BEEN CONCLUDED OR HAD NOT BEEN CONCLUDED IN WRITING - OBJECTION REJECTED - REFERENCE TO ARTICLES 2.1.1 AND 1.2 OF UNIDROIT PRINCIPLES 2004

JURISDICTION OF ICSID ARBITRAL TRIBUNAL CHALLENGED ON THE GROUND THAT DISPUTE HAD ARISEN WHEN COMPANY WAS NOT YET CONTROLLED BY A US NATIONAL - OBJECTION ACCEPTED - MERE NON-PERFORMANCE AS DEFINED IN ARTICLE 7.1.1 OF UNIDROIT PRINCIPLES 2004 AMOUNTS TO DISPUTE

DISSENTING OPINION BY ONE OF THE ARBITRATORS - DECISION IF AND WHEN TO TRANSFORM OBLIGOR'S FAILURE TO PERFORM INTO DISPUTE UP TO OBLIGEE - REFERENCE TO ARTICLES 7.1.4 AND 7.1.5(1) OF UNIDROIT PRINCIPLES 2004
International Centre for Settlement of Investment Disputes (ICSID)
International Centre for Settlement of Investment Disputes (ICSID)

01-09-2009
APPLICATION FOR ANNULMENT OF AN ICSID AWARD RENDERED BETWEEN A UNITED STATES CORPORATION AND THE ARGENTINIAN GOVERNMENT - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW)

DETERMINATION OF EXTENT OF HARM - DISCRETIONARY POWER OF COURTS WHERE AMOUNT CANNOT BE ESTABLISHED WITH SUFFICIENT DEGREE OF CERTAINTY - REFERENCE BY CLAIMANT TO ARTICLE 7.4.3 (3) UNIDROIT PRINCIPLES - STANDARD OF COMPENSATION CONFIRMED BY BOTH ARBITRAL TRIBUNAL AND AD HOC COMMITTEE
International Centre for Settlement of Investment Disputes (ICSID)
International Centre for Settlement of Investment Disputes (ICSID)

03-03-2010
STATE CONTRACTS - LONG-TERM CONTRACTS - CONCESSION AGREEMENT -BETWEEN GREEK AND ISRAELI INVESTORS AND THE GEORGIAN GOVERNMENT - CONCERNING THE CONSTRUCTION AND OPERATION OF OIL PIPELINES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW)

DISPUTE BETWEEN PARTIES AS TO SCOPE OF THE CONCESSION - WHETHER EXTRINSIC EVIDENCE ADMISSIBLE FOR THE PURPOSE OF CONSTRUING THE CONCESSION AGREEMENT - REFERENCE BY ONE OF THE PARTIES TO UNIDROIT PRINCIPLES IN SUPPORT OF ADMISSIBILITY - ARBITRAL TRIBUNAL, THOUGH WITHOUT EXPRESSLY REFERRING TO UNIDROIT PRINCIPLES, BASICALLY CONCURRED
International Centre for Settlement of Investment Disputes (ICSID)
International Centre for Settlement of Investment Disputes (ICSID)

16-06-2010
STATE CONTRACTS - LONG-TERM CONTRACTS - CONCESSION CONTRACT - BETWEEN FRENCH AND ARGENTINIAN COMPANIES AND THE MEXICAN GOVERNMENT – BIT AND GENERAL INTERNATIONAL LAW APPLICABLE - REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF GENERAL PRINCIPLE OF INTERNATIONAL LAW

DAMAGES – COMPENSATION DUE ONLY FOR HARM, INCLUDING FUTURE HARM, ESTABLISHED WITH REASONABLE DEGREE OF CERTAINTY – REFERENCE TO ART. 36 ILC DRAFT ARTICLES ON RESPONSIBILITY OF STATES FOR INTERNATIONALLY WRONGFUL ACTS OF 2001 AND TO ART. 7.4.3 UNIDROIT PRINCIPLES
International Centre for Settlement of Investment Disputes (ICSID)
International Centre for Settlement of Investment Disputes (ICSID)

30-07-2010
STATE CONTRACTS - LONG-TERM CONTRACTS - CONCESSION CONTRACT - BETWEEN FRENCH AND SPANISH INVESTORS AND THE ARGENTINIAN GOVERNMENT - DUE TO ARGENTINA'S FINANCIAL CRISIS ARGENTINIAN AUTHORITIES ADOPTED A SERIES OF MEASURES NEGATIVELY AFFECTING PROFITABILITY OF FOREIGN INVESTORS' INVESTMENT - ALLEGED VIOLATION BY ARGENTINA OF BILATERAL INVESTMENT TREATIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW)

RESPONDENT INVOKING FORCE MAJEURE AS EXCUSE FOR VIOLATION OF BIT - OBJECTION REJECTED ON THE GROUND THAT RESPONDENT WAS PARTLY RESPONSIBLE FOR ITS FINANCIAL CRISIS

REQUEST FOR RE-NEGOTIATION OF TERMS OF CONCESSION - IN ACCORDANCE WITH INTERNATIONAL STANDARDS IMPOSING IN LONG-TERM CONTRACTS IN THE EVENT OF HARDSHIP AN OBLIGATION TO NEGOTIATE CONTRACT ADAPTATION - REFERENCE TO ARTICLE 6:111 PRINCIPLES OF EUROPEAN CONTRACT LAW AND ARTICLES 6.2.2 AND 6.2.3 UNIDROIT PRINCIPLES
International Centre for Settlement of Investment Disputes (ICSID)
International Centre for Settlement of Investment Disputes (ICSID)

31-10-2011
DISPUTE BETWEEN A UNITED STATES INVESTOR AND THE ARGENTINIAN GOVERNMENT - CONCERNING ALLEGED VIOLATION BY THE LATTER OF BILATERAL INVESTMENT TREATY (BIT) - ARBITRAL TRIBUNAL DECIDED TO APPLY THE BIT AND "INTERNATIONAL LAW, WHEN APPLICABLE" - REFERENCE TO UNIDROIT PRINCIPLES "A SORT OF INTERNATIONAL RESTATEMENT OF THE LAW OF CONTRACTS REFLECTING RULES AND PRINCIPLES APPLIED BY THE MAJORITY OF NATIONAL LEGAL SYSTEMS".

DEFENDANT INVOKING FORCE MAJEURE AS EXCUSE FOR VIOLATION OF BIT - OBJECTION REJECTED ON GROUND OF GENERAL PRINCIPLE OF "PRECLUSION OF WRONGFULNESS" - REFERENCE TO ARTICLES 6.2.2, 7.1.6 AND 7.1.7 UNIDROIT PRINCIPLES
International Centre for Settlement of Investment Disputes (ICSID)
International Centre for Settlement of Investment Disputes (ICSID)

01-06-2012
DISPUTE BETWEEN A UNITED STATES COMPANY AND THE SALVADORAN GOVERNMENT OVER THE LATTER'S ARBITRARY REFUSAL TO GRANT THE FORMER A MINING EXPLOITATION CONCESSION - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW)

JURISDICTION OF ICSID ARBITRAL TRIBUNAL CHALLENGED ON THE GROUND THAT DISPUTE HAD ARISEN WHEN CLAIMANT WAS NOT YET A UNITED STATES COMPANY

BREACH OF AN OBLIGATION UNDER INVESTMENT TREATY BY OMISSION - EXPLICIT REFUSAL TO GRANT CONCESSION NOT NECESSARY - MERE FAILURE TO RESPOND TO APPLICATION SUFFICIENT - REFERENCE TO ARTICLE 7.1.1 UNDIROIT PRINCIPLES
Iranian-U.S. Arbitral Tribunal
Iranian-U.S. Arbitral Tribunal (Full Tribunal)

02-07-2014
DISPUTE BETWEEN IRAN AND THE UNITED STATES OF AMERICA CONCERNING ALLEGED BREACH BY UNITED STATES OF ITS OBLIGATION UNDER ARTICLE VII, PARAGRAPH 2, OF THE 1981 CLAIMS SETTLEMENT DECLARATION ESTABLISHING THE IRAN-UNITED STATES CLAIMS TRIBUNAL – ACCORDING TO ARTICLE V OF THE 1981 CLAIMS SETTLEMENT DECLARATION TRIBUNAL BOUND TO “DECIDE ALL CASES ON THE BASIS OF RESPECT FOR LAW, APPLYING SUCH CHOICE OF LAW RULES AND PRINCIPLES OF COMMERCIAL AND INTERNATIONAL LAW AS THE TRIBUNAL DETERMINES TO BE APPLICABLE, TAKING INTO ACCOUNT RELEVANT USAGES OF TRADE, CONTRACT PROVISIONS AND CHANGED CIRCUMSTANCES”

UNITED STATES ORDERED TO PAY IRAN DAMAGES PLUS INTEREST – INTEREST CALCULATED “AT AN ANNUAL RATE EQUAL TO THE AVERAGE PRIME BANK LENDING RATE IN THE UNITED STATES” – TRIBUNAL SO DECIDED “[…] ALSO MINDFUL OF ARTICLE 7.4.9 (2) OF THE UNIDROIT PRINCIPLES 2010”
Netherlands
Gerechtshof Den Haag

11-09-2013
STATE CONTRACTS - LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN AN ENGLISH COMPANY AND AN IRANIAN GOVERNMENT AGENCY - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW)

REQUEST FOR SETTING ASIDE OF ARBITRAL AWARDS APPLYING THE UNIDROIT PRINCIPLES AS RULES OF LAW GOVERNING THE SUBSTANCE OF THE DISPUTE - REQUEST REJECTED BY COURT (DUTCH COURT)

APPLICATION BY ARBITRAL TRIBUNAL ON ITS OWN MOTION OF ARTICLE 7.4.3(3) UNIDROIT PRINCIPLES - OBJECTION THAT ARBITRAL TRIBUNAL HAD EXCEEDED ITS MANDATE - REJECTED

LIMITATION PERIODS - A PARTY'S OBJECTION THAT OTHER PARTY'S CLAIMS WERE TIME-BARRED REJECTED BY ARBITRAL TRIBUNAL AS THE 1994 EDITION OF UNIDROIT PRINCIPLES DID NOT ADDRESS THE ISSUE

LIMITATION PERIODS - ARGUMENT THAT THE ISSUE WAS ADDRESSED IN THE SUBSEQUENT 2004 EDITION OF UNIDROIT PRINCIPLES REJECTED - RETROACTIVE EFFECT OF SUBSEQUENT EDITIONS OF UNIDROIT PRINCIPLES DENIED