SELECTED CASES BY TYPE OF CONTRACT INVOLVED

KEYWORD Count of Cases
ADMINISTRATIVE CONTRACTS 14
AGENCY CONTRACT 8
ARBITRATION AGREEMENT 7
ASSIGNMENT CONTRACT 2
BANK GUARANTEE 3
BARTER AGREEMENT 2
BUILD-OPERATE-TRANSFER (BOT) CONTRACT 1
BUSINESS PURCHASE AGREEMENT 1
CONCESSION CONTRACT 6
CONSORTIUM AGREEMENT 2
CONSTRUCTION AND MAINTENANCE CONTRACT 1
CONSTRUCTION AND MANAGEMENT CONTRACT 1
CONSTRUCTION CONTRACT 29
CONSULTING CONTRACT 2
CONTRACT FOR SUPPLY AND INSTALLATION 2
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 5
DISTRIBUTION AGREEMENT 19
EASEMENT CONTRACT 3
EMPLOYMENT CONTRACT 2
EXPLORATION AND EXPLOITATION AGREEMENT 1
INSURANCE CONTRACT 5
INTER-FIRM AGREEMENT 1
JOINT-VENTURE AGREEMENT 5
LAND USE CONTRACT 1
LEASE CONTRACT 16
LICENSING AGREEMENT 8
LICENSING AND JOINT RESEARCH AGREEMENT 1
LICENSING AND SERVICE AGREEMENT 1
LOAN AGREEMENT 11
LONG-TERM CONTRACTS 138
MARKETING AGREEMENT 1
MEDIATION AGREEMENT 1
MEMORANDUM OF UNDERSTANDING 7
PRE-BID AGREEMENT 1
PRODUCTION SHARING AGREEMENT 1
SALES CONTRACT 141
SATELLITE CONTRACT 3
SERVICE CONTRACT 43
SETTLEMENT AGREEMENT 9
SHARE OPTION AGREEMENT 1
SHARE PURCHASE AGREEMENT 16
SHAREHOLDERS AGREEMENT 3
STATE CONTRACTS 37
SUPPLY CONTRACT 46
TRANSPORT CONTRACT 4
TRAVEL AGENCY CONTRACT 1

SELECTED CASES BY NATIONALITY OF THE PARTIES

KEYWORD Count of Cases
AFRICAN 5
ALGERIAN 1
ARGENTINIAN 14
AUSTRALIAN 17
AUSTRIAN 10
BAHAMIAN 1
BELGIAN 5
BELORUSSIAN 7
BERMUDIAN 1
BRAZILIAN 9
BRITISH VIRGIN ISLAND 1
BULGARIAN 1
CANADIAN 12
CENTRAL EUROPEAN 1
CHILEAN 1
CHINESE 34
COLOMBIAN 8
CONGOLESE 1
COSTA RICAN 5
CYPRIOT 7
CZECH 1
DANISH 3
DUTCH 22
DUTCH ANTILLEAN 1
EAST ASIAN 1
EASTERN EUROPEAN 6
ECUADORIAN 1
EGYPTIAN 1
ENGLISH 37
ESTONIAN 2
EUROPEAN 54
FINNISH 1
FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS (FAO) 1
FOOTBALL ASSOCIATION OF WALES 1
FRENCH 35
GEORGIAN 6
GERMAN 22
GERMAN DEMOCRATIC REPUBLIC 1
GIBRALTAR 1
GREEK 4
HONG KONG 4
HUNGARIAN 3
INDIAN 10
INDONESIAN 1
INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT (IFAD) 1
INTERNATIONAL ORGANIZATION 3
IRANIAN 10
IRAQI 1
IRISH 1
ISRAELI 2
ITALIAN 50
IVORIAN 1
JAPANESE 5
KAZAKH 5
KOREAN 4
KUWAITI 4
KYRGYZ 1
LATIN AMERICAN 1
LEBANESE 5
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 2
PANAMANIAN 1
PARAGUAYAN 22
PHILIPPINE 2
PLURALITY OF PARTIES OF DIFFERENT NATIONALITIES 7
POLISH 14
PORTUGUESE 3
PUERTO RICAN 1
ROMANIAN 12
RUSSIAN 100
RWANDESE 1
SALVADORAN 1
SCANDINAVIAN 1
SCOTTISH 1
SERBIAN 2
SINGAPOREAN 4
SLOVAKIAN 1
SLOVENIAN 1
SOUTH AFRICAN 1
SOUTH KOREAN 1
SOUTHWEST ASIAN 1
SPANISH 41
STATE OF THE FORMER SOVIET UNION 1
SWEDISH 8
SWISS 25
TURKISH 8
TURKMEN 1
UKRAINIAN 26
UNION OF EUROPEAN FOOTBALL ASSOCIATIONS (UEFA) 1
UNITED KINGDOM 3
UNITED NATIONS ORGANIZATION 2
UNITED STATES 43
URUGUAYAN 3
UZBEK 2
VENEZUELAN 4
VIETNAMESE 1
WEST INDIAN 2
WESTERN EUROPEAN 2

SELECTED CASES BY DOMESTIC LAW INVOLVED

KEYWORD Count of Cases
ALGERIAN LAW 1
ARGENTINIAN LAW 9
AUSTRALIAN LAW 14
AUSTRIAN LAW 3
BELORUSSIAN LAW 6
BRAZILIAN LAW 4
CHINESE LAW 14
COLOMBIAN LAW 8
COSTA RICAN LAW 4
CZECH LAW 1
DANISH LAW 1
DUTCH CARRIBEAN LAW 1
DUTCH LAW 8
ECUADORIAN LAW 1
EGYPTIAN LAW 1
ENGLISH LAW 18
FRENCH LAW 10
GERMAN LAW 6
GREEK LAW 1
INDIAN LAW 2
IRANIAN LAW 1
IRISH LAW 1
ISRAELI LAW 1
ITALIAN LAW 32
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
PAKISTANI LAW 1
PAKISTANI LAW 1
PARAGUAYAN LAW 22
Paraguay
Tribunal de Apelación en lo Civil y Comercial de Asunción

05-06-2013
SALES CONTRACT - BETWEEN PARAGUAYAN INDIVIDUALS - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW)

DUTY OF COOPERATION IN THE COURSE OF PERFORMANCE - REFERENCE TO ART. 5.1.3 UNIDROIT PRINCIPLES IN SUPPORT OF A CORRESPONDING UNWRITTEN GENERAL PRINCIPLE ALSO UNDER PARAGUAYAN LAW
Paraguay
Tribunal de Apelación en lo Civil y Comercial de Asunción, Sala 6

05-08-2013
INSURANCE CONTRACT - BETWEEN TWO PARAGUAYAN PARTIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW)

CONFLICT BETWEEN STANDARD TERMS AND NON-STANDARD TERMS - NON-STANDARD TERMS PREVAIL (ARTICLE 2.1.21 UNIDROIT PRINCIPLES)

HIERARCHY OF CONTRACT TERMS ESTABLISHED BY PARTIES (COMMENT 2 TO ARTICLE 4.4 UNIDROIT PRINCIPLES)

CONTRA PROFERENTEM RULE (ARTICLE 4.6 UNIDROIT PRINCIPLES)
Paraguay
Tribunal de Apelación en lo Civil y Comercial de Asunción, Sala 6

05-08-2013
INSURANCE CONTRACT - BETWEEN TWO PARAGUAYAN PARTIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW)

CONFLICT BETWEEN STANDARD TERMS AND NON-STANDARD TERMS - NON-STANDARD TERMS PREVAIL (ARTICLE 2.1.21 UNIDROIT PRINCIPLES)

HIERARCHY OF CONTRACT TERMS ESTABLISHED BY PARTIES (COMMENT 2 TO ARTICLE 4.4 UNIDROIT PRINCIPLES)

CONTRA PROFERENTEM RULE (ARTICLE 4.6 UNIDROIT PRINCIPLES)
Paraguay
Tribunal de Apelación en lo Civil y Comercial de Asunción

24-10-2014
DISPUTE BETWEEN A PARAGUAYAN INDIVIDUAL AND A PARAGUAYAN GOVERNMENTAL INSTITUTION - REFERENCE TO UNIDROIT PRINCIPLES AS MEANS OF INTERPRETING AND SUPPLEMENTING APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW)- UNIDROIT PRINCIPLES DEFINED AS "WIDELY RECOGNIZED PRINCIPLES IN INTERNATIONAL COMMERCIAL LAW THAT PROPOSE UNIFORM SOLUTIONS"

INCONSISTENT BEHAVIOUR BY PUBLIC AUTHORITY - NOT PERMITTED - REFERENCE TO ARTICLES 1.8, 1.7, 2.1.4(2)(B), 2.1.18, 2.1.20, 2.2.5(2) AND 10.4. OF THE UNIDROIT PRINCIPLES
Paraguay
Tribunal de Apelación en lo Civil y Comercial de Asunción, Sexta Sala

24-11-2015
PROPERTY SALES CONTRACT - BETWEEN TWO PARAGUAYAN INDIVIDUALS – REFERENCE TO UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING AND SUPPLEMENTING APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) - UNIDROIT PRINCIPLES DEFINED AS “WIDELY RECOGNIZED PRINCIPLES IN INTERNATIONAL COMMERCIAL LAW THAT PROPOSES UNIFORM SOLUTIONS”.

BURDEN OF PROOF ALLOCATED ACCORDING TO AVAILABILITY OF EVIDENCE - DUTY OF COOPERATION THROUGHOUT THE PERFORMANCE OF THE CONTRACT - REFERENCE TO ART. 5.1.3 UNIDROIT PRINCIPLE
Paraguay
Tribunal de Apelación en lo Civil y Comercial de Asunción

09-05-2016
LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN A PARAGUAYAN COMPANY AND A BRAZILIAN COMPANY – REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW)

DAMAGES AS REMEDY FOR BREACH OF CONTRACT – DUTY OF COOPERATION IN THE COURSE OF PERFORMANCE, ENCOMPASSED WITHIN THE GOOD FAITH PRINCIPLE – REFERENCE TO ART. 5.1.3 UNIDROIT PRINCIPLES

PRINCIPLE OF WITHHOLDING PERFORMANCE – REFERENCE TO ART. 7.1.3 UNIDROIT PRINCIPLES.
Paraguay
Tribunal de Apelación en lo Civil y Comercial de Asunción, Tercera Sala

19-05-2016
DISPUTE BETWEEN THE PARAGUAYAN NATIONAL CUSTOMS AGENCY AND A PARAGUAYAN COMPANY - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING OR SUPPLEMENTING APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW)

INTERPRETATION OF INSURANCE CONTRACT - REFERENCE TO ART. 4.4 UNIDROIT PRINCIPLES IN ORDER TO AFFIRM THAT PROVISIONS OF A SPECIFIC CHARACTER PREVAIL OVER PROVISIONS LAYING DOWN MORE GENERAL RULES
Paraguay
Tribunal de Apelación en lo Civil y Comercial de Asunción

31-05-2016
SALES CONTRACT - BETWEEN TWO PARAGUAYAN INDIVIDUALS – REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW)– UNIDROIT PRINCIPLES DEFINED AS “WIDELY RECOGNIZED PRINCIPLES IN INTERNATIONAL COMMERCIAL LAW THAT PROPOSE UNIFORM SOLUTIONS AND CAN BE USED TO INTERPRET OR SUPPLEMENT DOMESTIC LAW”.

DUTY OF COOPERATION IN THE COURSE OF PERFORMANCE, ENCOMPASSED WITHIN THE GOOD FAITH PRINCIPLE – REFERENCE TO ART. 5.1.3 UNIDROIT PRINCIPLES
Paraguay
Corte Suprema de Justicia

04-08-2016
DISPUTE BETWEEN TWO PARAGUAYAN PARTIES - UNIDROIT PRINCIPLES IN SUPPORT OF THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW)

IMPLIED OBLIGATIONS – REFERENCE TO ART. 5.1.1 AND 5.1.2 UNIDROIT PRINCIPLES TO CONFIRM A SIMILAR PRINCIPLE EXPRESSED IN PARAGUAYAN LAW (ART. 715 CODIGO CIVIL)
Paraguay
Tribunal de Apelación en lo Civil y Comercial de Asunción, Sexta Sala

06-10-2016
LONG-TERM CONTRACTS - AGENCY CONTRACT - BETWEEN A PARAGUAYAN INDIVIDUAL AND A PARAGUAYAN COMPANY - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING OR SUPPLEMENTING APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW)

CONCLUSION OF AN ORAL CONTRACT - BURDEN OF PROOF - NO PARTICULAR FORM REQUIRED - REFERENCE TO ART. 1.2 UNIDROIT PRINCIPLES IN ORDER TO CONFIRM THE PRINCIPLE OF FREEDOM OF FORM EXPRESSED BY DOMESTIC LAW

NOTION OF NON-PERFORMANCE - REFERENCE TO ART: 7.1.1 UNIDROIT PRINCIPLES IN THE ABSENCE OF CLEAR DEFINITION IN THE APPLICABLE LAW

ESTABLISHED PRACTICE BETWEEN PARTIES - BINDING CHARACTER - REFERENCE TO ART. 1.9 UNIDROIT PRINCIPLES AND ART. 9 CISG IN THE ABSENCE OF AN EXPRESS PROVISION OF THE APPLICABLE LAW

ESTABLISHED PRACTICE BETWEEN PARTIES - SOURCE OF IMPLIED OBLIGATIONS ACCORDING TO ART. 5.1.2 (B) UNIDROIT PRINCIPLES

SALES COMMISSION AGREEMENT - REVOCATION OF AUTHORITY BY THE PRINCIPAL - NOT EFFECTIVE UNTIL IT IS MADE KNOWN TO THIRD PARTIES - REFERENCE TO ART. 2.2.10 UNIDROIT PRINCIPLES
Paraguay
Tribunal de Apelación en lo Civil y Comercial de Asunción

17-10-2016
SALES CONTRACT - BETWEEN TWO PARAGUAYAN INDIVIDUALS - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING OR SUPPLEMENTING APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW)

SALES CONTRACT - GROSS DISPARITY – CLAIMANT MUST PROVE AN UNJUSTIFIED DISPROPORTION BETWEEN OBLIGATIONS OF PARTIES - REFERENCE TO ART. 3.2.7 UNIDROIT PRINCIPLES

GROSS DISPARITY - CLAIMANT MUST PROVE ITS LACK OF EXPERIENCE
Paraguay
Corte Suprema de Justicia

21-10-2016
TV PERFORMANCE AGREEMENT - BETWEEN TWO PARAGUAYAN PARTIES - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING OR SUPPLEMENTING APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW)

IMPLIED OBLIGATIONS – REFERENCE TO ARTICLE 712 OF THE CIVIL CODE OF PARAGUAY STATING GENERAL PRINCIPLES OF GOOD FAITH IN CONTRACT PERFORMANCE AND TO ARTICLES 5.1.1. AND 5.1.2 UNIDROIT PRINCIPLES ON IMPLIED OBLIGATIONS
Paraguay
Tribunal de Apelación en lo Civil y Comercial de Asunción

21-11-2016
SERVICE CONTRACT - BETWEEN TWO PARAGUAYAN PARTIES - UNIDROIT PRINCIPLES IN SUPPORT OF THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW)

DEFINITION OF AN OFFER – REFERENCE TO ART. 2.1.2 UNIDROIT PRINCIPLES

CONTRACT INTERPRETATION - RELEVANCE OF THE PREVIOUS CONDUCT OF ONE OF THE PARTIES - REFERENCE TO ART. 4.3 UNIDROIT PRINCIPLES
Paraguay
Tribunal de Apelación en lo Civil y Comercial de Asunción, Sexta Sala

27-03-2017
SALES CONTRACT - BETWEEN TWO PARAGUAYAN INDIVIDUALS - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW)

CONTRACT FOR SALE OF LAND BETWEEN TWO INDIVIDUALS OF PARAGUAY - DUTY OF COOPERATION IN THE COURSE OF PERFORMANCE - REFERENCE TO ART. 5.1.3 UNIDROIT PRINCIPLES IN SUPPORT OF AN CORRESPONDING UNWRITTEN GENERAL PRINCIPLE ALSO UNDER THE LAW OF PARAGUAY

CONTRACT OF SALE - BINDING UPON PARTIES (ART. 1.3 UNIDROIT PRINCIPLES)
Paraguay
Corte Suprema de Justicia - Sala Civil y Comercial

27-03-2017
SALES CONTRACT - BETWEEN TWO PARAGUAYAN INDIVIDUALS - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW)

DUTY OF COOPERATION IN THE COURSE OF PERFORMANCE - REFERENCE TO ART. 5.1.3 UNIDROIT PRINCIPLES IN SUPPORT OF A CORRESPONDING UNWRITTEN GENERAL PRINCIPLE ALSO UNDER THE LAW OF PARAGUAY
Paraguay
Tribunal de Apelación en lo Civil y Comercial de Asunción, Sexta Sala

04-07-2017
LONG-TERM CONTRACTS - LEASE CONTRACT - BETWEEN TWO PARAGUAYAN PARTIES - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING OR SUPPLEMENTING APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW)

CONCLUSION OF AN ORAL CONTRACT - BURDEN OF PROOF - NO PARTICULAR FORM REQUIRED - REFERENCE TO ART. 1.2 UNIDROIT PRINCIPLES IN ORDER TO CONFIRM THE PRINCIPLE OF FREEDOM OF FORM EXPRESSED BY DOMESTIC LAW

NOTION OF NON-PERFORMANCE - REFERENCE TO ART. 7.1.1 UNIDROIT PRINCIPLES IN THE ABSENCE OF CLEAR DEFINITION IN THE APPLICABLE LAW
Paraguay
Tribunal de Apelación en lo Civil y Comercial, Sexta Sala

01-08-2017
TRANSPORTATION CONTRACT - BEWEEN A PARAGUAYAN PUBLIC TRANSPORTATION COMPANY AND PARAGUAYAN PASSENGER – REFERENCE TO UNIDROIT PRINCIPLES AS A MEANS TO INTERPRET APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW)

TRANSPORTATION COMPANY UNDER OBLIGATION TO PROVIDE SECURITY MEASURES TO AVOID LOSS TO PASSENGERS – AMOUNTS TO DUTY OF BEST EFFORTS - REFERENCE TO ART. 5.1.4 UNIDROIT PRINCIPLES TO DETERMINE NATURE OF SUCH DUTY – DAMAGES TO BE PAID IN CASE OF ACCIDENT CAUSING LOSSES TO PASSENGER
Paraguay
Tribunal de Apelación en lo Civil y Comercial, Cuarta Sala

17-10-2017
LOAN AGREEMENT - BETWEEN A PARAGUAYAN BANK AND A PARAGUAYAN INDIVIDUAL - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW)

AGREEMENT CONCLUDED USING BANK'S STANDARD TERMS - STANDARD TERMS UNCLEAR AS TO HOW TO PROVE PARTIAL REPAYMENT OF DEBT BY CUSTOMER – CONTRA PROFERENTEM RULE - REFERENCE TO ARTICLE 4.6 UNIDROIT PRINCIPLES.
Paraguay
Tribunal de Apelación en lo Civil y Comercial de Asunción, Quinta Sala

06-07-2018
DISPUTE BETWEEN TWO PARAGUAYAN CITIZENS - REFERENCE TO THE UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW)

INTERIM MEASURE – PROHIBITION TO CONTRACT WITH THIRD PARTIES – CONSIDERED TO BE EXCESSIVE - ABUSE OF RIGHTS

NOTION OF BAD FAITH - INTERPRETED IN ACCORDANCE WITH ARTICLE 2.1.15(3) OF THE UNIDROIT PRINCIPLES
Paraguay
Corte Suprema de Paraguay – Sala Civil y Comercial

06-07-2018
LONG-TERM CONTRACTS - LEASE CONTRACT WITH A PURCHASE OPTION IN FAVOR OF LESSEE – BETWEEN TWO PARAGUAYAN INDIVIDUALS - REFERENCE TO THE UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW)

EXERCISE OF PURCHASE OPTION - SUBJECT TO CONDITION THAT PAYMENT WAS MADE WITHIN 12 MONTHS FROM THE CONCLUSION OF THE LEASE CONTRACT – PAYMENT IN TIME PREVENTED BY EVASIVE CONDUCT OF THE LESSOR - CONDUCT CONTRARY TO PRINCIPLE OF GOOD FAITH – REFERENCE TO ART. 5.1.3 UNIDROIT PRINCIPLES ON PARTIES´ DUTY TO COOPERATE
Paraguay
Tribunal de Apelación en lo Civil y Comercial de Asunción, Sexta Sala

12-03-2019
SALES CONTRACT - BETWEEN TWO PARAGUAYAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW)

UNILATERAL INVOICES ISSUED BY ONE OF THE PARTIES - CAN AMOUNT TO A CONTRACTUAL OFFER - DEFINITION OF AN OFFER – REFERENCE TO ART. 2.1.2 UNIDROIT PRINCIPLES

ABSENCE OF A WRITTEN CONTRACT - INTERPRETATION OF THE INTENTION OF THE PARTIES - RELEVANCE OF PARTIES' PREVIOUS CONDUCT DURING THEIR COMMERCIAL RELATIONSHIP - REFERENCE TO ART. 4.3 UNIDROIT PRINCIPLES
Paraguay
Tribunal de Apelación en lo Civil y Comercial de Asunción, Quinta Sala

23-03-2019
SERVICE CONTRACT - BETWEEN A PARAGUAYAN HOSPITAL (CLAIMANT) AND THE MINISTRY OF HEALTH AND SOCIAL WELFARE OF PARAGUAY (RESPONDENT) – REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW)

CONTRACT FOR MEDICAL SERVICES – REQUEST FOR PAYMENT OF SERVICES NOT AGREED UPON BETWEEN PARTIES – NOTION OF NON-PERFORMANCE – REFERENCE TO ART. 7.1.1 UNIDROIT PRINCIPLES
POLISH LAW 6
PORTUGUESE LAW 3
QUEBEC LAW 4
ROMANIAN LAW 5
RUSSIAN LAW 78
SCOTTISH LAW 1
SERBIAN LAW 1
SINGAPOREAN LAW 3
SPANISH LAW 30
SWEDISH LAW 5
SWISS LAW 14
TURKISH LAW 1
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 - UNIDROIT PRINCIPLES APPLIED AS A RULE OF 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
ICC International Court of Arbitration 14581

00-06-2007
STATE CONTRACTS - SUPPLY CONTRACT FOR LEASING EQUIPMENT AND LICENSING TECHNOLOGY - BETWEEN TWO MINISTRIES OF STATE X AND A COMPANY OF STATE Y - UNIDROIT PRINCIPLES AS AN "EXPRESSION OF INTERNATIONALLY RECOGNISED PRINCIPLES"

ARBITRATION CLAUSE PROVIDING THAT DISPUTES TO BE DECIDED BY "THE INTERNATIONAL ARBITRATION COURT IN SWITZERLAND" AND "IN ACCORDANCE WITH INTERNATIONAL LAW" - INTERPRETATION OF AMBIGUOUS CLAUSE ACCORDING TO SWISS LAW AS LAW OF SEAT OF ARBITRATION AND ACCORDING TO UNIDROIT PRINCIPLES INVOKED BY PARTES AS "EXPRESSION OF INTERNATIONALLY RECOGNISED PRINCIPLES", TOGETHER WITH EUROPEAN PRINCIPLES OF CONTRACT LAW AND CISG - REFERENCE TO ARTICLE 4.2 UNIDROIT PRINCIPLES IN SUPPORT OF SIMILAR PROVISION IN SWISS LAW
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)
Arbitral Award
ICC International Court of Arbitration 17146

00-00-2013
INTERNATIONAL CONTRACT - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT APPLICABLE INTERNATIONAL LAW (TRANSNATIONAL RULES AND TRADE USAGES)

ARBITRATION CLAUSE - INTERPRETATION - ACCORDING TO PRINCIPLE OF GOOD FAITH, OF EFFECTIVE INTERPRETATION AND OF CONTRA PROFERENTEM RULE - REFERENCE TO ART. 4.5 UNIDROIT PRINCIPLES
Arbitral Award
Permanent Court of Arbitration

04-06-2014
DISPUTE BETWEEN AN AUSTRIAN COMPANY AND THE SLOVAKIAN GOVERNMENT - CONCERNING MEASURES ADOPTED BY THE LATTER NEGATIVELY AFFECTING FOREIGN INVESTMENTS IN THE HEALTH INSURANCE SECTOR - ALLEGED VIOLATION BY SLOVAKIA OF BILATERAL INVESTMENT TREATIES - REFERENCE TO UNIDROIT PRINCIPLES TO SUPPLEMENT APPLICABLE LAW (INTERNATIONAL LAW)

JURISDICTION OF ARBITRAL TRIBUNAL CHALLENGED ON THE GROUND THAT CLAIMANT INITIATED COURT PROCEEDINGS IN THE SLOVAK REPUBLIC THAT WERE PREDICATED ON THE SAME FACTS AND LEGAL BASIS AND SOUGHT THE SAME RELIEF AS IN THE ARBITRAL PROCEEDING

IMPLIED AGREEMENT BETWEEN THE PARTIES THAT THE CASE SHOULD BE RESOLVED IN THE NATIONAL COURTS, NOT IN THE ARBITRATION PROCEEDINGS – REFERENCE BY BOTH PARTIES TO UNIDROIT PRINCIPLES (ARTS. 1.2, 2.1.2, 2.1.11, 3.2.12, 4.1 AND 4.2) – ARBITRAL TRIBUNAL AGREES WITH CLAIMANT THAT NO SUCH AGREEMENT WAS CONCLUDED

WAIVER OF THE RIGHT TO ARBITRATE – REFERENCE BY BOTH PARTIES TO UNIDROIT PRINCIPLES – ARBITRAL TRIBUNAL CONFIRMS THAT CLAIMANT HAS WAIVED ITS RIGHT TO ARBITRATE SINCE THE PROCEEDING BEFORE NATIONAL COURTS COULD NOT BE CONSIDERED ONLY AS A PRECAUTIONARY MEASURE
Arbitral Award
Permanent Court of Arbitration

10-01-2019
STATE CONTRACTS - LONG-TERM CONTRACTS - CONCESSION CONTRACT - BETWEEN UNITED STATES INVESTORS AND THE CANADIAN GOVERNMENT – BREACH OF THE LATTER OBLIGATIONS UNDER THE NORTH AMERICA FREE TRADE AGREEMENT (NAFTA) - REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF GENERAL PRINCIPLE OF INTERNATIONAL LAW

DAMAGES FOR LOSS OF A CHANCE - RIGHT TO COMPENSATION - REFERENCE TO ART. 7.4.3 UNIDROIT PRINCIPLES

DAMAGES – COMPENSATION FOR FUTURE HARM DUE WHEN THERE IS A REASONABLE OPPORTUNITY FOR SUCCESS – REFERENCE TO ART. 7.4.3 UNIDROIT PRINCIPLES
International Centre for Settlement of Investment Disputes (ICSID)
International Centre for Settlement of Investment Disputes (ICSID)

04-06-2004
STATE CONTRACTS - LONG-TERM CONTRACTS - BUILD-OPERATE-TRANSFER (BOT) CONTRACT FOR THE DEVELOPMENT OF ELECTRICITY PLANT IN TURKEY - BETWEEN A UNITED STATES-TURKISH CONSORTIUM AND THE TURKISH GOVERNMENT - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW)

CONTRACT WITH ESSENTIAL TERMS DELIBERATELY LEFT OPEN AND TO BE AGREED UPON AT LATER DATE - CONTRACT VALID IF PARTIES INTENDED TO BE BOUND BY THE CONTRACT - REFERENCE BY CLAIMANT TO ART. 2.14 (NOW 2.1.14) OF THE UNIDROIT PRINCIPLES- ARBITRAL TRIBUNAL CONFIRMED
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)

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)

14-01-2010
STATE CONTRACTS – SETTLEMENT AGREEMENT - BETWEEN A UNITED STATES NATIONAL AND THE UKRAINIAN GOVERNMENT - REFERRING TO ARTICLE 54 OF THE ICSID ADDITIONAL FACILITY ARBITRATION RULES RECORDED AS TO THE APPLICABLE LAW - APPLICATION BY ARBITRAL TRIBUNAL OF THE UNIDROIT PRINCIPLES AS "A PRIVATE CODIFICATION OF CIVIL LAW, APPROVED BY AN INTERGOVERNMENTAL INSTITUTION WHICH ARE NEITHER TREATY, NOR COMPILATION OF USAGES, NOR STANDARD TERMS OF CONTRACT BUT IN FACT ARE A MANIFESTATION OF TRANSNATIONAL LAW" - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW)

CONTRACT INTERPRETATION - ACCORDING TO COMMON INTENTION OF PARTIES - RELEVANCE OF PRELIMINARY NEGOTIATIONS - REFERENCE TO ARTICLES 4.1 AND 4.3 UNIDROIT PRINCIPLES

MERGER CLAUSE - REFERENCE TO ARTICLE 2.1.17 UNIDROIT PRINCIPLES

INCONSISTENT BEHAVIOUR - REFERENCE TO ARTICLE 1.8 UNIDROIT PRINCIPLES

DUTY TO USE BEST EFFORTS - REFERENCE TO ARTICLE 5.1.4 UNIDROIT PRINCIPLES
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)

28-03-2011
STATE CONTRACTS – SETTLEMENT AGREEMENT - BETWEEN A UNITED STATES NATIONAL AND THE UKRAINIAN GOVERNMENT - ALLEGED BREACH OF SETTLEMENT AGREEMENT - APPLICATION BY ARBITRAL TRIBUNAL OF THE UNIDROIT PRINCIPLES AS "A PRIVATE CODIFICATION OF CIVIL LAW, APPROVED BY AN INTERGOVERNMENTAL INSTITUTION WHICH ARE NEITHER TREATY, NOR COMPILATION OF USAGES, NOR STANDARD TERMS OF CONTRACT BUT IN FACT ARE A MANIFESTATION OF TRANSNATIONAL LAW" - REFERENCE TO UNIDROIT PRINCIPLES TO SUPPLEMENT APPLICABLE LAW (INTERNATIONAL LAW)

DAMAGES FOR LOST PROFITS - TO BE DISTINGUISHED FROM DAMAGES FOR SIMPLE LOSS OF A CHANCE - REFERENCE TO THE EXAMPLE IN COMMENT 2 TO ART. 7.4.3 UNIDROIT PRINCIPLES

INCONSISTENT BEHAVIOUR - REFERENCE TO ARTICLE 1.8 UNIDROIT PRINCIPLES
International Centre for Settlement of Investment Disputes (ICSID)
International Centre for Settlement of Investment Disputes (ICSID)

12-05-2011
DISPUTE BETWEEN A SWISS COMPANY AND THE GOVERNMENT OF THE CENTRAL AFRICAN REPUBLIC - CONCERNING MEASURES ADOPTED BY THE LATTER NEGATIVELY AFFECTING FOREIGN INVESTMENTS IN THE TOBACCO SECTOR - ICSID ARBITRATION CLAUSE CONTAINED IN A MEMORANDUM OF UNDERSTANDING (PROTOCOL OF AGREEMENT) CONCLUDED BETWEEN THE PARTIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW)

JURISDICTION OF ICSID ARBITRAL TRIBUNAL CHALLENGED ON THE GROUND THAT AGREEMENT CONTAINING THE ARBITRATION CLAUSE WAS NULL AND VOID - LACK OF PRIOR APPROVAL BY THE MINISTRY OF FINANCE - RESPONDENT CANNOT INVOKE THE VIOLATION OF ITS LOCAL LAW TO CONSIDER ITS CONSENT TO ARBITRATION VITIATED OR NULL

SEVERABILITY OF THE ARBITRATION CLAUSE - CLAIMANT INVOKING ART. 3.16 UNIDROIT PRINCIPLES ON PARTIAL AVOIDANCE [NOW ART. 3.2.13] - ARBITRAL TRIBUNAL CONCURS
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
International Centre for Settlement of Investment Disputes (ICSID)
International Centre for Settlement of Investment Disputes (ICSID)

18-04-2017
STATE CONTRACTS – SHARE PURCHASE AGREEMENT - BETWEEN TWO ITALIAN NATIONALS AND THE ROMANIAN GOVERNMENT - ALLEGED VIOLATION BY THE LATTER OF BILATERAL INVESTMENT TREATY - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW)

COMPENSATION FOR LOSS OF OPPORTUNITY - CAN BE AWARDED ON THE BASIS OF INTERNATIONAL LAW - REFERENCE TO ART. 7.4.3 UNIDROIT PRINCIPLES

DETERMINATION OF EXTENT OF HARM - DISCRETIONARY POWER OF COURTS WHERE AMOUNT CANNOT BE ESTABLISHED WITH SUFFICIENT DEGREE OF CERTAINTY - IN CASE OF LOSS OF OPPORTUNITY MUST BE TAKEN IN CONSIDERATION THE PROBABILITY OF THE CHANCE COMING TO FRUITION - REFERENCE TO THE EXAMPLE IN COMMENT 2 TO ART. 7.4.3 UNIDROIT PRINCIPLES
International Centre for Settlement of Investment Disputes (ICSID)
International Centre for Settlement of Investment Disputes (ICSID)

30-10-2017
STATE CONTRACTS – LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN TWO SWISS COMPANIES AND THE VENEZUELAN GOVERNMENT - ALLEGED VIOLATION BY THE LATTER OF BILATERAL INVESTMENT TREATY - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW)

DETERMINATION OF EXTENT OF HARM - DISSENTING OPINION OF ONE OF THE ARBITRATORS - COMPENSATION ONLY FOR FORESEEABLE HARM - REFERENCE TO ART. 7.4.4 UNIDROIT PRINCIPLES AND ART. 74 CISG

DETERMINATION OF EXTENT OF HARM - DISSENTING OPINION OF ONE OF THE ARBITRATORS - LOSS OF PROFITS CALCULATED AS THE DIFFERENCE BETWEEN THE CONTRACT PRICE AND THE PRICE PAID BY THE BUYER FOR REPLACEMENT GOODS OR THE DIFFERENCE BETWEEN THE CONTRACT PRICE AND THE MARKET PRICE AT THE TIME DELIVERIES SHOULD HAVE BEEN MADE IF REPLACEMENT GOODS ARE NOT PURCHASED - REFERENCE TO ARTS. 7.4.5-7.4.6 UNIDROIT PRINCIPLES AND ART. 75-76 CISG
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 - 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