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
Arbitral Award
Ad hoc Arbitration (Place unknown)

00-00-0000
STATE CONTRACTS - LONG-TERM CONTRACTS - CONSTRUCTION CONTRACT - BETWEEN A UNITED STATES OIL COMPANY AND THE GOVERNMENT OF A STATE OF THE FORMER SOVIET UNION – CHOICE OF LAW CLAUSE IN FAVOUR OF DOMESTIC LAW OF THAT STATE - ACCORDING TO ARBITRAL TRIBUNAL DOMESTIC LAW IN QUESTION NOT FULLY DEVELOPED – REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT IT

INVESTMENT CONTRACT GRANTED FOREIGN INVESTOR A LONG-TERM CONTRACT FOR SUPPLY OF ELECTRICITY TO CUSTOMERS IN HOSTING STATE AT PROFITABLE PRICES – DUE TO SUBSEQUENT CHANGES IN ENERGY SUPPLY SYSTEM OF HOSTING STATE SUPPLY OF ENERGY BY FOREIGN INVESTOR NO LONGER PROFITABLE – REFERENCE TO ARTICLES 1.4, 6.2.2-6.2.3 AND 7.1.7 OF UNIDROIT PRINCIPLES.
Arbitral Award
ICC International Court of Arbitration 12112

00-00-0000
STATE CONTRACTS - LONG-TERM CONTRACTS - JOINT-VENTURE AGREEMENT - BETWEEN TWO INVESTORS OF UNKNOWN NATIONALITY AND A GOVERNMENT AGENCY OF STATE Y - PARTIES' CHOICE OF LAW OF STATE Y AS GOVERNING LAW

STATE AGENCY FAILING TO PERFORM ITS OBLIGATIONS UNDER AGREEMENT DUE TO SERIOUS SOCIAL CRISIS IN THE REGION - NOT EXCUSED ON GROUND OF FORCE MAJEURE - ACCORDING TO ARBITRAL TRIBUNAL STATE PARTNER UNDER STRICT DUTY TO ASSESS SOCIAL AND POLITICAL CONDITIONS ON ITS TERRITORY BEFORE ENTERING INTO AGREEMENTS WITH FOREIGN INVESTORS TO MAKE SURE THAT IT IS ABLE TO PERFORM ITS CONTRACTUAL OBLIGATIONS - REFERENCE TO GENERAL PRINCIPLE OF GOOD FAITH RECOGNISED BY APPLICABLE DOMESTIC LAW AS WELL AS "IMPERIO RATIONIS" BY ANALOGY AND A FORTIORI TO ARTICLES 6.14 - 6.17 UNIDROIT PRINCIPLES
Arbitral Award
ICC International Court of Arbitration, New York 16314

00-00-0000
LONG-TERM CONTRACTS - GAS TURBINE ENGINES SUPPLY CONTRACT - BETWEEN A UNITED STATES COMPANY AND A SHIPYARD INCORPORATED IN A EUROPEAN COUNTRY - GOVERNED BY THE LAW OF COUNTRY X IN EUROPE

VIOLATION OF INTELLECTUAL PROPERTY RIGHTS - CONTRACT INTERPRETATION UNDER APPLICABLE DOMESTIC LAW - REFERENCE TO ART. 2.1.17 UNIDROIT PRINCIPLES AND TO ART. 2:105 PECL TO CONFIRM THE RULE EXPRESSED BY THE APPLICABLE LAW - EXTRINSIC EVIDENCE MAY BE RELIED UPON TO INTERPRET THE CONTRACT AS FAR AS THE COMMON INTENTION OF THE PARTIES CANNOT BE DETERMINED BY THE PLAIN WORDING OF THE CONTRACT
Arbitral Award
ICC International Court of Arbitration (First Partial Award) 7110

00-06-1995
STATE CONTRACTS - LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN AN ENGLISH COMPANY AND AN IRANIAN GOVERNMENT AGENCY - CONTRACTUAL REFERENCE TO “LAWS OR RULES OF NATURAL JUSTICE” – PARTIES’ INTENT TO EXCLUDE THE APPLICATION OF ANY DOMESTIC LAW IN FAVOUR OF “GENERAL PRINCIPLES AND RULES ENJOYING WIDE INTERNATIONAL CONSENSUS” – APPLICATION OF THE UNIDROIT PRINCIPLES AS "THE CENTRAL COMPONENT" OF SUCH GENERAL PRINCIPLES AND RULES (CF. PREAMBLE OF UNIDROIT PRINCIPLES)

APPLICABILITY OF UNIDROIT PRINCIPLES EVEN IN THE ABSENCE OF IMPLIED CHOICE BY THE PARTIES - UNIDROIT PRINCIPLES AS THE LAW THE ARBITRAL TRIBUNAL CONSIDERS TO BE THE MOST APPROPRIATE ACCORDING TO ART. 13(3)[NOW ART. 17(1) ICC ARBITRATION RULES)
Arbitral Award
ICC International Court of Arbitration - Brussels 8240

00-07-1995
LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - PLURALITY OF PARTIES OF DIFFERENT NATIONALITIES (SWISS, SINGAPOREAN, BELGIAN) - GOVERNED BY DOMESTIC LAW (SWISS LAW) - REFERENCE BY ARBITRAL TRIBUNAL TO THE UNIDROIT PRINCIPLES FOR CONFIRMATION AT INTERNATIONAL LEVEL OF A SIMILAR RULE OF SWISS LAW

PAYMENT IN LOCAL CURRENCY ART. 6.1.9(3) UNIDROIT PRINCIPLES TO DETERMINE EXCHANGE RATE
Arbitral Award
ICC International Court of Arbitration, Brussels 8548

00-00-1996
LONG-TERM CONTRACTS - AGENCY CONTRACT - BETWEEN A NORTH AMERICAN AGENT AND A GERMAN-BELGIAN GROUP OF COMPANIES - SILENT AS TO APPLICABLE LAW - PARTIES AGREE ON THE APPLICATION OF DUTCH LAW

GOOD FAITH IN CONTRACT PERFORMANCE - REFERENCE TO UNIDROIT PRINCIPLES TO CONFIRM THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW
Arbitral Award
ICC International Court of Arbitration, Rome 5835

00-06-1996
LONG-TERM CONTRACTS - CONTRACT FOR SUPPLY, INSTALLATION AND MAINTENANCE OF ELECTRICAL WORKS - BETWEEN AN ITALIAN COMPANY AND A KUWAITI COMPANY - SILENT AS TO APPLICABLE LAW - APPLICATION BY ARBITRAL TRIBUNAL OF DOMESTIC LAW (KUWAITI LAW) TOGETHER WITH "PRINCIPLES GENERALLY APPLICABLE IN INTERNATIONAL COMMERCE" - REFERENCE TO INDIVIDUAL PROVISIONS OF THE UNIDROIT PRINCIPLES FOR INTERPRETATION OF APPLICABLE DOMESTIC LAW

NON-PERFORMANCE - ART. 7.1.6 UNIDROIT PRINCIPLES TO INTERPRET GROSS MISTAKE UNDER KUWAITI LAW

DAMAGES - ART. 7.4.3(3) UNIDROIT PRINCIPLES TO CONFIRM DISCRETIONARY POWER OF THE COURT IN ASSESSING DAMAGES UNDER KUWAITI LAW - ART. 7.4.7 UNIDROIT PRINCIPLES TO CONFIRM RULE UNDER KUWAITI LAW THAT DAMAGES BE REDUCED IF DUE IN PART TO AGGRIEVED PARTY

INTEREST - ART. 7.4.9(3) UNIDROIT PRINCIPLES TO CONFIRM RIGHT TO ADDITIONAL DAMAGES UNDER KUWAITI LAW
Arbitral Award
ICC International Court of Arbitration, Paris 8264

00-04-1997
LONG-TERM CONTRACTS - CONTRACT FOR SUPPLY OF INDUSTRIAL EQUIPMENT AND TRANSFER OF KNOW-HOW - BETWEEN A UNITED STATES MANUFACTURER AND AN ALGERIAN INDUSTRIAL DEVELOPMENT CORPORATION - PARTIES' CHOICE OF DOMESTIC LAW (ALGERIAN LAW) AS LAW GOVERNING THE CONTRACT - EXPRESS AUTHORIZATION OF ARBITRAL TRIBUNAL TO CONSIDER THE GENERAL PRINCIPLES OF LAW AND THE USAGES OF TRADE

BREACH OF DUTY TO PROVIDE INFORMATION - COMPENSATION FOR LOSS OF A CHANCE - REFERENCE TO ART. 7.4.3(2) UNIDROIT PRINCIPLES
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, Rome 9029

00-03-1998
LONG-TERM CONTRACTS - SHAREHOLDERS AGREEMENT - BETWEEN AN ITALIAN COMPANY AND AN AUSTRIAN COMPANY - PARTIES' CHOICE OF DOMESTIC LAW (ITALIAN LAW) AS LAW GOVERNING THE CONTRACT - ART. 834 ITALIAN CODE OF CIVIL PROCEDURE REQUIRING ARBITRAL TRIBUNAL TO TAKE INTO ACCOUNT "TRADE USAGES" - REQUEST OF APPLICATION OF UNIDROIT PRINCIPLES AS AN "AUTHORITATIVE SOURCE OF KNOWLEDGE OF INTERNATIONAL TRADE USAGES" - REJECTED

ART. 3.10 (GROSS DISPARITY) OF UNIDROIT PRINCIPLES - DISADVANTAGED PARTY'S STATE OF IGNORANCE - CONDITIONS

ART. 6.2.2 (HARDSHIP) - ALTERATION OF EQUILIBRIUM DUE TO EVENT WHERE RISK ASSUMED BY DISADVANTAGED PARTY
Arbitral Award
ICC International Court of Arbitration (Second Partial Award) 7110

00-04-1998
STATE CONTRACTS - LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN AN ENGLISH COMPANY AND AN IRANIAN GOVERNMENT AGENCY

LIMITATION PERIODS - MATTER NOT DEALT WITH BY UNIDROIT PRINCIPLES [1994 EDITION] - RECOURSE TO OTHER INTERNATIONALLY RECOGNIZED PRINCIPLES OF LAW - HELD THAT THERE IS NO SUCH GENERAL PRINCIPLE PRESCRIBING A FIXED LIMITATION PERIOD WITHIN WHICH CLAIMS HAVE TO BE PURSUED

LIMITATION PERIOD - CLAIMS MAY BE TIME-BARRED IF PURSUED "WITH UNREASONABLE DELAY" (ART. 1.7 UNIDROIT PRINCIPLES)

RIGHT TO WITHOLD PERFORMANCE - GENERAL PRINCIPLE OF LAW (SEE ART. 7.1.3 UNIDROIT PRINCIPLES)- SELLER'S RIGHT TO WITHOLD DELIVERY OF GOODS IF BUYER FAILS TO PAY THE PRICE

MITIGATION OF HARM - GENERAL PRINCIPLE OF LAW (SEE ART. 7.4.8 UNIDROIT PRINCIPLES) - SELLER ENTITLED TO DISPOSE OF THE GOODS AFTER THEIR STORAGE FOR A LENGTHY PERIOD

CONTRACT WITH TERMS DELIBERATELY LEFT OPEN - AGREEMENT NOT PREVENTED FROM COMING INTO EXISTENCE (ART. 2.14 [ART. 2.1.14 OF THE 2004 EDITION] UNIDROIT PRINCIPLES)
Arbitral Award
ICC International Court of Arbitration, Paris 8223

00-04-1998
LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN A FRENCH MANUFACTURER AND A UNITED STATES COMPANY - GOVERNED BY DOMESTIC LAW (FRENCH LAW) - ARBITRAL TRIBUNAL'S REFERENCE TO ART. 2.19 [ART. 2.1.19 OF THE 2004 EDITION] UNIDROIT PRINCIPLES TO CONFIRM THAT PARTY'S SUBSEQUENT CONDUCT CAN TACITLY MODIFY A CLAUSE CONTAINED IN STANDARD TERMS
Arbitral Award
ICC International Court of Arbitration, Milano 8908

00-09-1998
LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN AN ITALIAN MANUFACTURER AND LIECHTENSTEIN DISTRIBUTOR - SETTLEMENT AGREEMENT BETWEEN PARTIES - GOVERNED BY DOMESTIC LAW (ITALIAN LAW)- APPLICATION BY ARBITRAL TRIBUNAL OF THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG) AND THE UNIDROIT PRINCIPLES BOTH DEFINED AS NORMATIVE TEXTS THAT CAN BE CONSIDERED HELPFUL IN THE INTERPRETATION OF ALL CONTRACTS OF AN INTERNATIONAL NATURE

INTERPRETATION OF SETTLEMENT AGREEMENT - INTERPRETATION IN ACCORDANCE WITH GOOD FAITH (ARTS. 1337 AND 1362-1371 OF ITALIAN CIVIL CODE; ARTS. 1.7 AND 4.1 - 4.8 UNIDROIT PRINCIPLES)

MODIFIED ACCEPTANCE - AMOUNTS TO COUNTER-OFFER - TACIT ACCEPTANCE OF COUNTER-OFFER BY ACT OF PERFORMANCE (ART. 1326(5) OF ITALIAN CIVIL CODE; ART. 19(1)(2) CISG AND ART. 2.11 [ART. 2.1.11 OF THE 2004 EDITION] UNIDROIT PRINCIPLES)

INTEREST - APPLICABLE RATE - RATE GENERALLY APPLIED IN INTERNATIONAL TRADE FOR CONTRACTUAL CURRENCY
Arbitral Award
ICC International Court of Arbitration, Paris 9593

00-12-1998
LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - PLURALITY OF PARTIES OF DIFFERENT NATIONALITIES (ENGLISH, JAPANESE, IVORIAN) - PARTIES' CHOICE OF DOMESTIC LAW (IVORIAN LAW) AS LAW GOVERNING THE CONTRACT - ARBITRAL TRIBUNAL TO CONSIDER TRADE USAGES (ART. 13 (5) ICC RULES) - REFERENCE TO UNIDROIT PRINCIPLES

PARTIES' DUTY TO COOPERATE IN PERFORMANCE OF CONTRACT (ARTS. 1134(3) AND 1135 IVORIAN CIVIL CODE; ART. 5.3 [ART. 5.1.3 OF THE 2004 EDITION] UNIDROIT PRINCIPLES)
Arbitral Award
Ad hoc Arbitration (Uruguay)

30-12-1998
LONG-TERM CONTRACTS - CONSTRUCTION CONTRACT – BETWEEN AN URUGUAYAN HOTEL COMPANY AND TWO BRAZILIAN CONSTRUCTION COMPANIES - PARTIES’ CHOICE OF DOMESTIC LAW (URUGUAYAN LAW) AS LAW GOVERNING THE DISPUTE – REFERENCE BY ARBITRAL TRIBUNAL TO THE 1994 UNIDROIT PRINCIPLES (ARTS. 2.18, 4.2.2., 4.6) TO DEMONSTRATE THAT SOLUTION REACHED UNDER APPLICABLE DOMESTIC LAW CORRESPONDED TO INTERNATIONALLY ACCEPTED PRINCIPLES
Arbitral Award
ICC International Court of Arbitration 9875

00-01-1999
LONG-TERM CONTRACTS - LICENSING AGREEMENT - BETWEEN A FRENCH COMPANY AND A JAPANESE COMPANY - SILENT AS TO APPLICABLE LAW – EXCLUSION BY ARBITRAL TRIBUNAL OF DOMESTIC LAW OF BOTH PARTIES – APPLICATION OF LEX MERCATORIA (ARTICLE 17 OF ICC ARBITRATION RULES) – REFERENCE TO THE UNIDROIT PRINCIPLES AS ONE OF THE POSSIBLE SOURCES OF THE LEX MERCATORIA
Arbitral Award
ICC International Court of Arbitration 9479

00-02-1999
LONG-TERM CONTRACTS - LICENSING AGREEMENT - BETWEEN AN ITALIAN COMPANY AND ANOTHER ITALIAN COMPANY WITH AN AFFILIATE REGISTERED IN THE UNITED STATES - SILENT AS TO THE APPLICABLE LAW – REFERENCE BY ARBITRAL TRIBUNAL TO “USAGES OF INTERNATIONAL TRADE” – REFERENCE TO THE UNIDROIT PRINCIPLES

HARDSHIP – SUPERVENING CHANGES IN THE LAW – HARDSHIP ONLY WHERE CAUSING FUNDAMENTAL ALTERATION OF CONTRACT EQUILIBRIUM (UNIDROIT PRINCIPLES ARTICLES 6.2.1-6.2.3).

CONTRACT FOR AN INDEFINITE PERIOD – RIGHT OF TERMINATION - EXCLUDED WHERE PARTIES INTENDED TO CREATE PERPETUAL OBLIGATIONS (UNIDROIT PRINCIPLES, ARTICLE 5.8 [ART. 5.1.8 OF THE 2004 EDITION]).
Arbitral Award
ICC International Court of Arbitration 9753

00-05-1999
STATE CONTRACTS - LONG-TERM CONTRACTS - SERVICE CONTRACT - BETWEEN A UNITED KINGDOM COMPANY AND A CZECH STATE ENTITY - GOVERNED BY CZECH LAW – REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF SOLUTION FOUND IN DOMESTIC LAW.

AGREEMENT TO COOPERATE WITH A VIEW TO REALISING A PROJECT – BINDING NATURE OF SUCH AGREEMENT (SEE ARTICLES 1.3 AND 1.7 OF THE UNIDROIT PRINCIPLES).
Arbitral Award
ICC International Court of Arbitration 10021

00-00-2000
LONG-TERM CONTRACTS - SHAREHOLDERS AGREEMENT - SUBJECT TO A PARTICULAR DOMESTIC LAW (LITHUANIAN LAW) - CONCURRENT APPLICATION OF "RELEVANT TRADE USAGES" ACCORDING TO ARTICLE 17 ICC ARBITRATION RULES - REFERENCE TO THE UNIDROIT PRINCIPLES AS "CODIFIED TRADE USAGES"

SHAREHOLDERS' AGREEMENT FOR AN INDEFINITE PERIOD OF TIME - CAN BE ENDED BY EITHER PARTIES ONLY BY GIVING NOTICE A REASONABLE TIME IN ADVANCE (ARTICLE 5.8 [ART. 5.1.8 OF THE 2004 EDITION] OF THE UNIDROIT PRINCIPLES)

DESTRUCTION OF MUTUAL TRUST BETWEEN PARTIES TO SHAREHOLDERS' AGREEMENT - NOT NECESSARILY CASE OF HARDSHIP ACCORDING TO ARTICLE 6.2.2 OF THE UNIDROIT PRINCIPLES

TERMINATION OF SHAREHOLDERS' AGREEMENT BECAUSE OF CASE OF HARDSHIP - ONLY IF NEGOTIATIONS FOR ADAPTATION OF TERMS OF AGREEMENT FAIL (ARTICLE 6.2.3 OF THE UNIDROIT PRINCIPLES)
Arbitral Award
ICC International Court of Arbitration 10114

00-03-2000
LONG-TERM CONTRACTS - SERVICE CONTRACT - BETWEEN A CHINESE COMPANY AND AN EASTERN EUROPEAN CAR MANUFACTURER

APPLICATION OF THE UNIDROIT PRINCIPLES AS EXPRESSION OF “INTERNATIONAL PRACTICES”
Arbitral Award
ICC International Court of Arbitration 9875

00-03-2000
LONG-TERM CONTRACTS - LICENSING AGREEMENT - BETWEEN A FRENCH COMPANY AND A JAPANESE COMPANY - LEX MERCATORIA AS APPLICABLE LAW

CONTRACT INTERPRETATION – INTENTION OF PARTIES DECISIVE – TO BE DETERMINED IN THE FULL CONTEXT OF THE CONTRACT AND OF THE CONDUCT OF THE PARTIES PREVIOUS AND SUBSEQUENT TO THE CONCLUSION OF THE CONTRACT – ARTICLES 4.1, 4.3 AND 4.4 OF THE UNIDROIT PRINCIPLES.

CONTRACT INTERPRETATION – PRINCIPLE OF GOOD FAITH AND FAIR DEALING IN INTERNATIONAL TRADE – PROHIBITION FROM DOING INDIRECTLY WHAT THE CONTRACT PREVENTS FROM DOING DIRECTLY - ARTICLE 1.7 OF THE UNIDROIT PRINCIPLES.
Arbitral Award
ICC International Court of Arbitration 10022

00-10-2000
LONG-TERM CONTRACTS - COOPERATION AGREEMENT - ARBITRAL TRIBUNAL REQUESTED TO TAKE INTO ACCOUNT “RELEVANT TRADE USAGES” (ARTICLE 17 ICC RULES OF ARBITRATION) – REFERENCE INCLUDES BUT IS NOT LIMITED TO THE UNIDROIT PRINCIPLES AND THE PRINCIPLES OF EUROPEAN CONTRACT LAW.
Arbitral Award
ICC International Court of Arbitration 10422

00-00-2001
LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN A EUROPEAN COMPANY AND A LATIN AMERICAN COMPANY - CHOICE OF LAW CLAUSE INEFFECTIVE BUT INDICATING PARTIES' DESIRE FOR A NEUTRAL SOLUTION - APPLICATION BY ARBITRAL TRIBUNAL OF THE LEX MERCATORIA (ARTICLE 17.1 ICC RULES OF ARBITRATION) - REFERENCE TO UNIDROIT PRINCIPLES - LIMITS

CONTRACT FORMATION - ACCEPTANCE CONTAINING MODIFIED TERMS - AMOUNTS TO ACCEPTANCE IF MODIFICATIONS ARE NOT MATERIAL (ARTICLE 2.11 [ART. 2.1.11 OF THE 2004 EDITION] UNIDROIT PRINCIPLES)

CONTRACT FORMATION - CONCLUSION OF CONTRACT DEPENDENT ON AGREEMENT ON SPECIFIC MATTERS (ARTICLE 2.13 [ART. 2.1.13 OF THE 2004 EDITION] UNIDROIT PRINCIPLES)

CONTRACT INTERPRETATION - TERMS TO BE GIVEN EFFECT (ARTICLE 4.5 UNIDROIT PRINCIPLES)

TERMINATION OF CONTRACT - FUNDAMENTAL BREACH REQUIRED (ARTICLE 7.3.1(1) UNIDROIT PRINCIPLES) - NOTICE OF TERMINATION WITHOUT FUNDAMENTAL BREACH - TERMINATION NEVERTHELESS EFFECTIVE (ARTICLE 7.3.2 UNIDROIT PRINCIPLES) - NOTIFYING PARTY LIABLE FOR DAMAGES

DAMAGES - LOSS OF PROFIT - CALCULATION (ARTICLE 7.4.2 UNIDROIT PRINCIPLES)

DAMAGES - DISCRETIONARY ASSESSMENT BY COURT (ARTICLE 7.4.3(2)
Arbitral Award
ICC International Court of Arbitration, Geneva 10351

00-02-2001
LONG-TERM CONTRACTS - GAS SUPPLY CONTRACT - GOVERNED BY A PARTICULAR DOMESTIC LAW

SUBSEQUENT MODIFICATIONS TO THE FORMULA FOR CALCULATING THE PRICE - DUTY TO RENEGOTIATE IN GOOD FAITH - REFERENCE TO ART. 1.7 UNIDROIT TO CONFIRM THAT THAT THE OBLIGATION TO PERFORM THE CONTRACT IN GOOD FAITH IS A GENERALLY ACCEPTED PRINCIPLE IN INTERNATIONAL CONTRACTS
Arbitral Award
Arbitral Tribunal of the City of Panama

24-02-2001
LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN A PANAMANIAN COMPANY AND A PUERTO RICAN COMPANY

ARBITRAL TRIBUNAL OF THE CITY OF PANAMA – INTERNATIONAL COMMERCIAL ARBITRATION – UNLESS OTHERWISE AGREED BETEEN THE PARTIES, ARBITRAL TRIBUNAL BOUND TO ACT AS AMIABLE COMPOSITEURS AND “TO TAKE INTO ACCOUNT THE TRADE USAGES AND THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS” (ARTICLES 3 AND 27 OF THE 1999 DECREE NO. 5 ON ARBITRATION)

DAMAGES FOR BREACH OF CONTRACT - LOSS OF PROFIT INCLUDED (ARTICLE 7.4.2 OF THE UNIDROIT PRINCIPLES)

DAMAGES FOR BREACH OF CONTRACT - EXACT AMOUNT OF ACTUAL LOSS NOT DETERMINABLE - EQUITABLE DETERMINATION (ARTICLE 7.4.3 OF THE UNIDROIT PRINCIPLES)
Arbitral Award
Ad hoc arbitration (San José, Costa Rica)

30-04-2001
LONG-TERM CONTRACTS - JOINT-VENTURE AGREEMENT - BETWEEN A COSTA RICAN AND A FRENCH COMPANY - ARBITRATION CLAUSE STATING THAT DISPUTES SHOULD BE SETTLED "ON THE BASIS OF GOOD FAITH AND FAIR USAGES AND WITH REGARD TO THE MOST SOUND COMMERCIAL PRACTICES AND FRIENDLY TERMS" - APPLICATION BY ARBITRAL TRIBUNAL OF THE UNIDROIT PRINCIPLES DEFINED AS "THE CENTRAL COMPONENT OF THE GENERAL RULES AND PRINCIPLES REGULATING INTERNATIONAL CONTRACTUAL OBLIGATIONS AND ENJOYING WIDE INTERNATIONAL CONSENSUS"

BREACH OF THE DUTY TO COOPERATE IMPLIED IN A JOINT VENTURE AGREEMENT - REFERENCE TO ARTICLES 1.7, 1.8, 4.1, 5.3 AND 5.4 [ARTS. 5.1.3 AND 5.1.4 OF THE 2004 EDITION] OF THE UNIDROIT PRINCIPLES

DAMAGES FOR LOSS OF A CHANCE - REFERENCE TO ARTICLE 7.4.3 OF THE UNIDROIT PRINCIPLES
Arbitral Award
ICC International Court of Arbitration 9950

00-06-2001
LONG-TERM CONTRACTS - CONTRACT FOR THE SUPPLY OF INDUSTRIAL PLANT AND SUPERVISION OF ITS CONSTRUCTION - BETWEEN AN EGYPTIAN AND A FRENCH COMPANY - GOVERNED BY EGYPTIAN LAW

DELAY IN COMPLETION OF PLANT - CLAIM BY PURCHASER FOR DAMAGES FOR LOSS OF PROFITS - IN DECIDING IN FAVOUR OF CLAIMANT, ARBITRAL TRIBUNAL REFERRED NOT ONLY TO EGYPTIAN LAW BUT ALSO TO SWISS LAW AS THE LAW OF THE PLACE OF ARBITRATION AND TO THE UNIDROIT PRINCIPLES (ARTICLES 7.4.1 - 7.4.3).
Arbitral Award
ICC International Court of Arbitration 11051

00-07-2001
LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN AN ITALIAN MANUFACTURER AND TWO UNITED STATES COMPANIES - ITALIAN LAW AS THE LAW GOVERNING THE CONTRACT - ARBITRAL TRIBUNAL BASED ITS DECISION ON THE RELEVANT PROVISION OF THE ITALIAN CIVIL CODE ADDING THAT "SUCH SOLUTION IS CONSISTENT WITH THE RELEVANT CUSTOM OF INTERNATIONAL TRADE OF WHICH THE UNIDROIT PRINCIPLES ARE AN EXPRESSION"

QUESTION AS TO TIME FROM WHEN INTEREST IS DUE - INTEREST DUE AS FROM TIME THE PAYMENTS ARE DUE (SEE ARTICLE 1282 OF THE ITALIAN CIVIL CODE AND ARTICLE 7.4.9 OF THE UNIDROIT PRINCIPLES)
Arbitral Award
ICC International Court of Arbitration 9994

00-12-2001
LONG-TERM CONTRACTS - LICENSING AGREEMENT - BETWEEN FRENCH AND UNITED STATES COMPANIES - SUPERVENING HARDSHIP - PARTIES UNDER A DUTY TO RENEGOTIATE CONTRACT - REFERENCE NOT ONLY TO THE LAW GOVERNING THE CONTRACT (FRENCH LAW) BUT ALSO TO THE UNIDROIT PRINCIPLES (ARTICLES 6.2.2 - 6.2.3)
Arbitral Award
Ad hoc arbitration

04-12-2001
LONG-TERM CONTRACTS - SERVICE CONTRACT - BETWEEN AN ITALIAN COMPANY AND THE FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS (FAO) - CONTRACT REFERRING TO “GENERAL PRINCIPLES OF LAW, TO THE EXCLUSION OF ANY SINGLE NATIONAL SYSTEM OF LAW” AS APPLICABLE LAW – ARBITRAL TRIBUNAL DECIDED TO APPLY UNIDROIT PRINCIPLES AND TO RESORT, IN CASE OF LACUNAE, TO ITALIAN LAW PROVIDED THAT IT IS NOT INCOMPATIBLE WITH THE FORMER

TERMINATION OF CONTRACT FOR BREACH OF THE “FUNDAMENTAL REQUIREMENTS OF GOOD FAITH, TRUST AND FAIR DEALING WHICH ARE AT THE VERY HEART OF ANY BUSINESS RELATIONSHIP” - NO PROVISION TO THIS EFFECT IN THE UNIDROIT PRINCIPLES (1994 EDITION) – RECOURSE TO ARTICLE 1671 ITALIAN CIVIL CODE ON TERMINATION FOR CONVENIENCE OF WORKS CONTRACTS BY EMPLOYER
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 10385

00-03-2002
STATE CONTRACTS - LONG-TERM CONTRACTS - CONSTRUCTION CONTRACT - BETWEEN A WEST AFRICAN STATE AND AN AFRICAN CONSTRUCTION COMPANY - CONTRACT SILENT AS TO THE APPLICABLE LAW - ARBITRAL TRIBUNAL EXCLUDES APPLICATION NOT ONLY OF ANY DOMESTIC LAW BUT ALSO OF THE LEX MERCATORIA BECAUSE OF ITS UNCERTAIN NATURE AND SCOPE - MENTION IN THIS CONTEXT OF THE UNIDROIT PRINCIPLES, DESCRIBED AS "COMPLEMENTING IF NOT EVEN COMPETING WITH" THE LEX MERCATORIA
Arbitral Award
Arbitration Centre of the Costa Rican Chamber of Commerce

29-07-2002
LONG-TERM CONTRACTS - LEASE CONTRACT - BETWEEN TWO COSTA RICAN COMPANIES - GOVERNED BY COSTA RICAN LAW - REFERENCE BY ARBITRAL TRIBUNAL TO THE UNIDROIT PRINCIPLES AS A MEANS OF SUPPLEMENTING DOMESTIC LAW

BREACH OF CONTRACT - DUTY TO MITIGATE HARM CAUSED BY BREACH (ART. 7.4.8 UNIDROIT PRINCIPLES)
Arbitral Award
ICC International Court of Arbitration 11849

00-00-2003
LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN AN ITALIAN MANUFACTURER AND A UNITED STATES DISTRIBUTOR - CISG IN PRINCIPLE NOT APPLICABLE - PARTIES CHOOSE CISG AS THE LAW GOVERNING THE AGREEMENT - INDICATION OF PARTIES' INTENTION TO EXCLUDE APPLICATION OF ANY DOMESTIC LAW AND TO SUBJECT THE AGREEMENT TO NEUTRAL AND A-NATIONAL RULES OF LAW

AGREEMENT PROVIDING FOR PAYMENT BY MEANS OF LETTER OF CREDIT - DISTRIBUTOR'S REFUSAL TO OPEN LETTER OF CREDIT - AMOUNTS TO FAILURE BY DISTRIBUTOR TO PERFORM ITS OBLIGATION UNDER AGREEMENT - MANUFACTURER ENTITLED TO TERMINATE AGREEMENT EX ART. 64(1)(B) CISG

AGREEEMENT PROVIDING FOR ANY ADDITION OR MODIFICATION TO BE MADE IN WRITING - ACCEPTANCE ON ONE OCCASION BY MANUFACTURER OF PAYMENT BY WIRE TRANSFER CONSIDERED NOT TO BE SUFFICIENT TO INDUCE DISTRIBUTOR REASONABLY TO BELIEVE THAT OPENING OF LETTER OF CREDIT NO LONGER REQUIRED - REFERENCE TO ART. 29(2) CISG AND TO ART. 2.18 UNIDROIT PRINCIPLES (1994) EXPRESSING A "GENERAL PRINCIPLE OF INTERNATIONAL TRADE"

NOTICE OF TERMINATION - EFFECTIVE EVEN IF WRITTEN IN ITALIAN AND NOT IN ENGLISH AS REQUIRED BY AGREEMENT IF ADDRESSEE KNEW ITALIAN - REFERENCE TO ART. 27 CISG

NOTICE OF TERMINATION GIVEN BY MANUFACTURER KNOWING THAT DISTRIBUTOR HAS PERFORMED ITS OBLIGATION WITHIN ADDITIONAL TIME GRANTED - NOT EFFECTIVE (ART. 64(2)(A) CISG)

DAMAGES FOR WRONGFUL TERMINATION BY MANUFACTURER - LOSS OF PROFIT SUFFERED BY DISTRIBUTOR - TO BE COMPENSATED - REFERENCE TO ART. 74 CISG AND TO ART. 7.4.2 UNIDROIT PRINCIPLES STATING A "GENERALLY ACCEPTED PRINCIPLE OF LAW"

INTEREST - APPLICABLE RATE - INTERNATIONAL ARBITRATOR ENTITLED TO DETERMINE MOST APPROPRIATE RATE WITHOUT RESORT TO CONFLICT OF LAWS RULES - LIBOR FOR CURRENCY OF PAYMENT PLUS SPREAD OF TWO POINTS - CORRESPOND TO GENERALLY ACCEPTED RATE APPLIED ON INTERNATIONAL FINANCIAL MARKETS
Arbitral Award
Ad hoc Arbitration (Place unknown)

04-03-2004
LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN A WESTERN EUROPEAN MANUFACTURER AND A CENTRAL EUROPEAN DISTRIBUTOR - FRENCH LAW GOVERNING THE CONTRACT – REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF SOLUTIONS ADOPTED UNDER FRENCH LAW

GOOD FAITH PRINCIPLE ACCORDING TO ARTICLES 1134(3) AND 1135 OF FRENCH CIVIL CODE RELEVANT ALSO IN INTERNATIONAL TRADE – ARTICLE 1.7(1) OF UNIDROIT PRINCIPLES

GOOD FAITH AND CONTRACT NEGOTIATION - PARTIES ENTERING INTO NEGOTIATIONS WITH A VIEW TO SETTLE DISPUTE BOUND TO ACT IN GOOD FAITH IN SEARCH OF AMICABLE SOLUTION – DUTY TO NEGOTIATE IN GOOD FAITH NOT BREACHED BY MERELY REFUSING TERMS OF SETTLEMENT PROPOSED BY OTHER PARTY

GOOD FAITH AND CONTRACT PERFORMANCE – DISTRIBUTORSHIP AGREEMENT PROVIDING FOR YEARLY MINIMUM QUANTITIES OF GOODS TO BE PURCHASED BY DISTRIBUTOR – DISTRIBUTOR'S FAILURE TO MEET YEARLY QUOTA – MANUFACTURER’S CLAIM FOR BREACH OF CONTRACT CONTRARY TO GOOD FAITH WHERE DISTRIBUTOR PURCHASED A SUBSTANTIAL QUANTITY OF GOODS IN EXCESS OF YEARLY QUOTA AT THE END OF PREVIOUS YEAR AND ITS FAILURE TO PURCHASE GOODS THE FOLLOWING YEAR WAS DUE TO DISPUTE WITH MANUFACTURER

CONTRACT PROHIBITING DISTRIBUTOR FROM SELLING SIMILAR PRODUCTS FROM OTHER SUPPLIERS – DISTRIBUTOR NEVERTHELESS SELLING COMPETING GOODS – MANUFACTURER AWARE OF IT BUT NOT OBJECTING PREVENTED FROM INVOKING YEARS LATER DISTRIBUTOR'S BREACH OF CONTRACT – PROHIBITION OF INCONSISTENT BEHAVIOUR A GENERALLY ACCEPTED PRINCIPLE IN INTERNATIONAL TRADE - ARTICLE 1.8 OF UNIDROIT PRINCIPLES 2004
Arbitral Award
ICC International Court of Arbitration 12193

00-06-2004
LONG-TERM CONTRACTS - DISTRIBUTION CONTRACT - BETWEEN GERMAN MANUFACTURER AND LEBANESE DISTRIBUTOR - CONTRACT SILENT AS TO THE LAW GOVERNING THE CONTRACT - LEBANESE LAW APPLIED

ONE PARTY'S REQUEST FOR SUBSIDIARY APPLICATION OF GENERAL PRINCIPLES OF LAW OR LEX MERCATORIA AS EXPRESSED IN UNIDROIT PRINCIPLES - REQUEST REFUSED - ACCORDING TO ARBITRAL TRIBUNAL APPLICATION OF LEX MERCATORIA JUSTIFIED ONLY IF CONTRACT IS CLOSELY CONNECTED WITH MORE THAN ONE COUNTRY OR IF APPLICABLE DOMESTIC LAW FAILS TO PROVIDE SOLUTION TO ISSUES AT STAKE

REFERENCE BY ARBITRAL TRIBUNAL TO ARTICLE 7.4.1 UNIDROIT PRINCIPLES TO DEMONSTRATE THAT CORRESPONDING PROVISION OF LEBANESE LAW CONFORMS TO LEX MERCATORIA
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
Centro de Arbitraje de México (CAM)

30-11-2006
LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN A MEXICAN GROWER AND A UNITED STATES DISTRIBUTOR

PARTIES' CHOICE OF UNIDROIT PRINCIPLES AS LAW APPLICABLE TO SUBSTANCE OF DISPUTE – ADMISSIBLE WHEN LEX ARBITRI ALLOWS ARBITRAL TRIBUNAL TO DECIDE ACCORDING TO “RULES OF LAW”

NO SPECIFICATION BY PARTIES AS TO WHAT EDITION OF THE UNIDROIT PRINCIPLES REFERENCE IS MADE – APPLICATION OF THE 2004 EDITION

CONCLUSION OF CONTRACT - AGREEMENT SUFFICIENT – NO FURTHER REQUIREMENTS NEEDED (ART. 3.2 UNIDROIT PRINCIPLES)

DEFINITION OF NON-PERFORMANCE – ANY FAILURE BY A PARTY TO PERFORM ANY OF ITS OBLIGATIONS UNDER THE CONTRACT AMOUNTS TO A NON-PERFORMANCE (ART. 7.1.1 UNIDROIT PRINCIPLES) .

RIGHT TO TERMINATE CONTRACT - DEPENDENT ON FUNDAMENTAL NON- PERFORMANCE (ART. 7.3.1(1) UNIDROIT PRINCIPLES)

CRITERIA FOR DETERMINING WHETHER NON-PERFORMANCE IS FUNDAMENTAL - NON-PERFORMANCE SUBSTANTIALLY DEPRIVING OTHER PARTY OF ITS EXPECTATIONS - INTENTIONAL NON-PERFORMANCE - SUFFICIENT REASON FOR NOT RELYING ON FUTURE PERFORMANCE (ART. 7.3.1(2) UNIDROIT PRINCIPLES)

PARTY’S RIGHT TO TERMINATE CONTRACT EXERCISED BY GIVING NOTICE TO OTHER PARTY (ART. 7.3.2 UNIDROIT PRINCIPLES)

NOTICE BY LETTER WITH RETURN RECEIPT APPROPRIATE AND EFFECTIVE (ART. 1.10 (1) (2) AND (3) UNIDROIT PRINCIPLES)

FORCE MAJEURE – DESTRUCTION OF CROPS BY EXTRAORDINARILY HEAVY RAINSTORMS AND FLOODING – NOT AN EXEMPTING EVENT BECAUSE NOT UNFORESEEABLE BY GROWER WITH LONGSTANDING EXPERIENCE IN AGRICULTURE (ART. 7.1.7(1) UNIDROIT PRINCIPLES)

FORCE MAJEURE - PARTY AFFECTED BOUND TO GIVE NOTICE TO OTHER PARTY OF IMPEDIMENT AND ITS EFFECT ON ABILITY TO PERFORM – FAILURE TO GIVE SUCH NOTICE - PARTY AFFECTED LIABLE FOR DAMAGES FOR NON-PERFORMANCE OF CONTRACT (ART. 7.1.7(3) UNIDROIT PRINCIPLES)

HARDSHIP - DESTRUCTION OF CROPS BY EXTRAORDINARILY HEAVY RAINSTORMS AND FLOODING – NOT A CASE OF HARDSHIP BECAUSE GROWER TYPICALLY ASSUMES RISK OF OCCURRENCE OF SUCH METEOROLOGICAL EVENTS (ART. 6.2.2 LIT. D UNIDROIT PRINCIPLES)

HARDSHIP - DOES NOT EXCLUDE DISADVANTAGED PARTY’S LIABILITY FOR NON-PERFORMANCE BUT ONLY ENTITLES TO REQUEST RENEGOTIATION OF CONTRACT (ART. 6.2.3 (1) UNIDROIT PRINCIPLES)

DAMAGES – AGGRIEVED PARTY ENTITLED TO FULL COMPENSATION FOR HARM, INCLUDING NON-PECUNIARY HARM, SUFFERED AS RESULT OF OTHER PARTY’S NON-PERFORMANCE (ART. 7.4.2 (1) AND (2) UNIDROIT PRINCIPLES)

DAMAGES – BURDEN OF PROOF - AGGRIEVED PARTY BOUND TO PROVE CERTAINTY AND FORESEABILITY OF HARM SUFFERED (ARTS. 7.4.3 (1) 7.4.4 UNIDROIT PRINCIPLES)

AGREED PAYMENT FOR NON-PERFORMANCE (ART. 7.4.13 (1) UNIDROIT PRINCIPLES) – PRECISE AMOUNT TO BE PAID NOT DETERMINED BY PARTIES – DETERMINATION BY COURT ON DISCRETIONARY BASIS (ART. 7.4.3(3) UNIDROIT PRINCIPLES)
Arbitral Award
World Intellectual Property Organization Arbitration and Mediation Center (Geneva)

25-01-2007
LONG-TERM CONTRACTS - LICENSING AND JOINT RESEARCH AGREEMENT - BETWEEN A FRENCH INVESTOR AND A GERMAN MANUFACTURING COMPANY - SWISS LAW AS GOVERNING LAW - REFERENCE TO UNIDROIT PRINCIPLES

UNJUSTIFIED TERMINATION OF AGREEMENT - COMPENSATION OF LOSS OF A CHANCE - TO BE PROPORTIONATE TO THE PROBABILITY OF ITS OCCURRENCE (ARTICLE 7.4.3(2) UNIDROIT PRINCIPLES)

HARM DUE IN PART TO THE AGGRIEVED PARTY - AMOUNT OF DAMAGES TO BE REDUCED PROPORTIONALLY (ARTICLE 7.4.7 UNIDROIT PRINCIPLES)
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

08-02-2008
LONG-TERM CONTRACTS - GAS SUPPLY CONTRACT - BETWEEN A RUSSIAN COMPANY AND A MOLDAVIAN COMPANY - SILENT AS TO APPLICABLE LAW - CONTRACT PROVIDED FOR DELIVERY OF PART OF THE GAS TO A THIRD PARTY

THIRD PARTY'S FAILURE TO PAY THE PRICE FOR THE GAS DELIVERED - SUPPLIER REQUESTS PAYMENT FROM BUYER THAT REFUSES TO PAY BECAUSE CONTRACT PROVIDED FOR DIRECT DELIVERY OF GAS TO AND PAYMENT OF PRICE BY THIRD PARTY

GOOD FAITH ONE OF BASIC PRINCIPLES OF INTERNATIONAL TRADE - REFERENCE TO ARTICLES 1.7 UNIDROIT PRINCIPLES AND 7 AND 8 CISG AS WELL AS TO ARTICLE 5.1.2 UNIDROIT PRINCIPLES AND COMMENTS 1 TO 3 TO ARTICLE 1.7 UNIDROIT PRINCIPLES
Arbitral Award
Corte arbitrale nazionale ed internazionale di Milano

00-03-2008
LONG-TERM CONTRACTS - SUPPLY CONTRACT - GOVERNED BY ITALIAN LAW - REFERENCE TO UNIDROIT PRINCIPLES TO STATE CORRESPONDENCE BETWEEN SOLUTIONS ADOPTED UNDER ITALIAN LAW AND INTERNATIONALLY ACCEPTED PRINCIPLES

PARTIES' DUTY TO COOPERATE AS APPLICATION OF GENERAL PRINCIPLE OF GOOD FAITH (ART. 1375 ITALIAN CIVIL CODE) - REFERENCE TO ART. 5.1.3 UNIDROIT PRINCIPLES

PROHIBITION OF INCONSISTENT BEHAVIOUR - PARTY PREVENTED FROM TERMINATING THE CONTRACT AFTER LEADING THE OTHER PARTY TO BELIEVE IT WOULD TOLERATE THAT PARTY'S BREACH - BELIEF MUST BE REASONABLE - REFERENCE TO ART. 1.8 UNIDROIT PRINCIPLES

DAMAGES - AMOUNT MY BE ASSESSED AT DISCRETION OF ARBITRAL TRIBUNAL IF ACTUAL LOSS PROVED (ART. 1226 ITALIAN CIVIL CODE) - REFERENCE TO ART. 7.4.3 UNIDROIT PRINCIPLES
Arbitral Award
ICC International Court of Arbitration, Paris 14108

00-08-2008
STATE CONTRACTS - LONG-TERM CONTRACTS - PRODUCTION SHARING AGREEMENT TO EXPLORE AND DEVELOP GEOLOGICAL RESOURCES - BETWEEN A UNITED STATES JOINT-VENTURE AND A FOREIGN STATE - PARTIES' CHOICE AS APPLICABLE LAW THE LAW OF THE STATE TOGETHER WITH “PRINCIPLES OF LAW COMMON TO THE LAW OF [THE STATE] AND THE UNITED STATES AND, IN THE ABSENCE OF SUCH COMMON PRINCIPLES, [...] PRINCIPLES OF LAW NORMALLY RECOGNIZED BY CIVILIZED NATIONS IN GENERAL, INCLUDING THOSE WHICH HAVE BEEN APPLIED BY INTERNATIONAL TRIBUNALS”.

PROHIBITION OF INCONSISTENT BEHAVIOUR - REFERENCE TO ARTICLE 1.8 UNIDROIT PRINCIPLES WHICH ACCORDING TO ARBITRAL TRIBUNAL “OFFER REASONABLE SOLUTIONS TO RESPOND TO THE NEEDS OF THE MODERN ECONOMY IN LIGHT OF THE EXPERIENCE OF SOME OF THE MAJOR LEGAL SYSTEMS”.

LIMITATION PERIOD - DAY FROM WHICH PERIOD STARTS TO RUN - APPLICABLE LAW UNCLEAR - REFERENCE TO ARTICLE 10.2 UNIDROIT PRINCIPLES
Arbitral Award
Permanent Court of Arbitration

00-00-2009
LONG-TERM CONTRACTS - LICENSING AGREEMENT - BETWEEN EUROPEAN COMPANY AND INTERNATIONAL GOVERNMENTAL ORGANISATION – PARTIES’ EXPRESS CHOICE OF UNIDROIT PRINCIPLES AS THE LAW GOVERNING THE CONTRACT

FORMATION OF CONTRACTS – REFERENCE TO ARTICLES 2.1.1., 2.1.2., 2.1.3., AND 2.1.6 UNIDROIT PRINCIPLES
Arbitral Award
Câmara FGV de Conciliação e Arbitragem (São Paulo, Brazil)

09-02-2009
LONG-TERM CONTRACTS - ENERGY SUPPLY CONTRACT - BETWEEN TWO BRAZILIAN COMPANIES

REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF CONCLUSION REACHED UNDER APPLICABLE DOMESTIC LAW (BRAZILIAN LAW)

POWER SUPPLY AGREEMENT BETWEEN TWO BRAZILIAN ENERGY TRADERS – UNFORESEEN SUBSTANTIAL INCREASE IN POWER PRICE - ALLEGED HARDSHIP AND CLAIM FOR TERMINATION ACCORDING TO ARTICLE 478 OF BRAZILIAN CIVIL CODE – CLAIM REJECTED - REFERENCE TO ARTICLE 6.2.1 UNIDROIT PRINCIPLES STATING THAT THE MERE FACT THAT CONTRACT PERFORMANCE ENTAILS HIGHER ECONOMIC BURDEN FOR ONE OF THE PARTIES DOES NOT AMOUNT TO HARDSHIP
Arbitral Award
Permanent Court of Arbitration

30-04-2009
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN A LEBANESE COMPANY AND THE FOOD AND AGRICULTURAL ORGANIZATION OF THE UNITED NATIONS (FAO) – CONTRACT REFERRING TO THE “GENERAL PRINCIPLES OF LAW TO THE EXCLUSION OF ANY NATIONAL LEGAL SYSTEM” AS LAW GOVERNING THE CONTRACT AND APPLICABLE TO SUBSTANCE OF POSSIBLE DISPUTES – APPLICATION BY ARBITRAL TRIBUNAL OF UNIDROIT PRINCIPLES 2004

FORCE MAJEURE – EU DECISION PROHIBITING EXPORT OF CERTAIN GOODS FROM THE EU TO THIRD COUNTRIES NOT AMOUNTING TO FORCE MAJEURE IF PARTY COULD HAVE OVERCOME ITS EFFECTS BY TRANSFERRING ITS PLANT OUTSIDE THE EU – REFERENCE TO UNIDROIT PRINCIPLES 2004

ASSIGNMENT OF CONTRACT – EFFECTIVE VIS-À-VIS PARTY ASSIGNED ONLY IF THAT PARTY HAS GIVEN ITS CONSENT - REFERENCE TO UNIDROIT PRINCIPLES 2004
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
Permanent Court of Arbitration

17-12-2010
LONG-TERM CONTRACTS - LEASE CONTRACT - BETWEEN THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT (IFAD) AND AN ITALIAN REAL ESTATE COMPANY - AGREEMENT TO BE INTERPRETED AND APPLIED ACCORDING TO "[...] THE RECOGNIZED PRINCIPLES OF INTERNATIONAL COMMERCIAL LAW" TO THE EXCLUSION OF ITALIAN LAW - APPLICATION BY ARBITRAL TRIBUNAL OF UNIDROIT PRINCIPLES CONSIDERED "AS INDICATIVE OF RECOGNISED PRINCIPLES OF INTERNATIONAL COMMERCIAL LAW"

LIMITATION PERIOD - "WEAK SUBSTANTIVE APPROACH" ADOPTED BY UNIDROIT PRINCIPLES (CF. ARTICLE 10.9)
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

16-03-2012
LONG-TERM CONTRACTS - LICENSING AND SERVICE AGREEMENT - BETWEEN A RUSSIAN COMPANY AND A CYPRIOT COMPANY

UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING APPLICABLE DOMESTIC LAW (RUSSIAN LAW) - UNIDROIT PRINCIPLES DEFINED AS "THE RECOMMENDED SOURCE OF RULES GOVERNING GENERAL ISSUES OF PERFORMANCE AND INTERPRETATION OF CONTRACTS OF AN INTERNATIONAL CHARACTER".

REFERENCE TO ARTICLE 1.7 AND 5.1.3 OF THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS
Arbitral Award
ICC International Court of Arbitration, Paris 15949

00-05-2012
LONG-TERM CONTRACTS - SERVICE CONTRACT - BETWEEN A NORTH AFRICAN COMPANY AND EASTERN EUROPEAN COMPANY - UNIDROIT PRINCIPLES AS MEANS TO INTERPRET AND SUPPLEMENT APPLICABLE DOMESTIC LAW (FRENCH LAW)

HOTEL MANAGEMENT CONTRACT - TERRORIST ATTACKS IN NEW YORK, DJERBA AND MARRAKECH AMOUNT TO FORCE MAJEURE EVENTS - RESPONDENT ALLOWED TO SUSPEND PAYMENT OF MINIMAL GUARANTEE PROVIDED IN THE CONTRACT - REFERENCE TO ART. 7.1.7 UNIDROIT PRINCIPLES


EFFECTS OF FORCE MAJEURE - WHEN THE IMPEDIMENT IS ONLY TEMPORARY, THE EXCUSE FOR NON_PERFORMANCE HAS EFFECT ONLY FOR A REASONABLE PERIOD OF TIME HAVING REGARD TO CONSEQUENCES OF THE IMPEDIMENT ON CONTRACT PERFORMANCE - REFERENCE TO ART. 7.1.7 UNIDROIT PRINCIPLES AND ITS COMMENT
Arbitral Award
Ad hoc arbitration

22-03-2013
STATE CONTRACTS - LONG-TERM CONTRACTS - CONSTRUCTION AND MANAGEMENT CONTRACT - BETWEEN A KUWAITI COMPANY AND THE LIBYAN GOVERNMENT – REFERENCE TO UNIDROIT IN SUPPORT OF THE APPLICABLE DOMESTIC LAW (LIBYAN LAW)

DAMAGES – FULL COMPENSATION OF HARM SUFFERED – REFERENCE TO ARTICLE 7.4.2 UNIDROIT PRINCIPLES

DAMAGES – PRINCIPLE OF CERTAINTY OF HARM - REFERENCE TO ARTICLE 7.4.3 UNIDROIT PRINCIPLES
Argentina
Cámara Nacional de Apelaciones en lo Comercial

28-06-2013
LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN TWO ARGENTINIAN COMPANIES – GOVERNED BY ARGENTINIAN LAW

STANDARD TERMS – REFERENCE TO ARTS. 2.1.19-2.1.22 UNIDROIT PRINCIPLES

REFERENCE TO ART. 3.2.7 UNIDROIT PRINCIPLES – GROSS DISPARITY - SUPERIOR BARGAINING POSITION OF ONE OF THE PARTIES ALONE IS NOT SUFFICIENT
Argentina
Cámara Nacional de Apelaciones en lo Comercial

01-04-2014
LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN A CANADIAN CORPORATION AND AN ARGENTINIAN COMPANY - REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF SOLUTION ADOPTED UNDER THE APPLICABLE DOMESTIC LAW (ARGENTINIAN LAW)

DISTRIBUTION CONTRACT WITH OMITTED TERMS - CONTRACT INTERPRETATION - ACCORDING TO COMMON INTENTION OF PARTIES, PURPOSE OF THE CONTRACT AND GOOD FAITH (ARTICLE 4.8 UNIDROIT PRINCIPLES)

DISTRIBUTION CONTRACT - CONTRACT INTERPRETATION ACCORDING TO PARTIES' CONDUCT SUBSEQUENT TO CONCLUSION OF CONTRACT (ARTICLE 4.3 UNIDROIT PRINCIPLES)
Australia
Supreme Court of New South Wales

16-07-1998
LONG-TERM CONTRACTS - LEASE CONTRACT - BETWEEN AN AUSTRALIAN COMPANY AND THREE AUSTRALIAN CITIZENS - GOVERNED BY AUSTRALIAN LAW

CONTRACT PERFORMANCE - IMPLIED DUTY OF GOOD FAITH (ART. 1.7 UNIDROIT PRINCIPLES)
Australia
Supreme Court of New South Wales

01-10-1999
LONG-TERM CONTRACTS - CONSTRUCTION CONTRACT - BETWEEN TWO AUSTRALIAN COMPANIES - GOVERNED BY AUSTRALIAN LAW

AGREEMENT TO NEGOTIATE IN GOOD FAITH - CONTRACT CLAUSE REQUIRING PARTIES TO MAKE DILIGENT EFFORTS TO RESOLVE THEIR DISPUTE - ENFORCEABLE - REFERENCE BY COURT TO ART. 1.7 UNIDROIT PRINCIPLES
Australia
Federal Court of Australia

12-02-2003
LONG-TERM CONTRACTS - ADMINISTRATIVE CONTRACTS - SOFTWARE DEVELOPMENT AGREEMENT - BETWEEN THE COMMONWEALTH OF AUSTRALIA AND TWO AUSTRALIAN SOFTWARE COMPANIES - GOVERNED BY AUSTRALIAN LAW - REFERENCE TO THE UNIDROIT PRINCIPLES AS A MEANS TO INTERPRET AND SUPPLEMENT APPLICABLE DOMESTIC LAW

NO ORAL MODIFICATION CLAUSE - EFFECTIVENESS - EXCEPTION IN CASE OF ESTOPPEL (REFERENCE BY COURT TO ART. 2.18 [ART. 2.1.18 OF THE 2004 EDITION] OF THE UNIDROIT PRINCIPLES)

CONTRACT FOR DEVELOPMENT OF SOFTWARE - CONTRACT PROVIDES FOR PAYMENTS TO BE MADE IN AGREED INSTALMENTS THROUGHOUT THE DURATION OF THE WORK - INSTALMENTS NOT CONDITIONAL ON COMPLETION OF WORK (REFERENCE BY COURT TO ART. 6.1.4, COMMENT 2, OF UNIDROIT PRINCIPLES)

DUTY OF GOOD FAITH AND FAIR DEALING - IMPLIED TERM OF ALL CONTRACTS -ENTIRE AGREEMENT CLAUSE NOT SUFFICIENT TO PRECLUDE SUCH IMPLICATION (REFERENCE BY COURT TO ART. 1.7 OF THE UNIDROIT PRINCIPLES; ART. 1.201 OF THE PRINCIPLES OF EUROPEAN CONTRACT LAW)
Australia
Supreme Court of New South Wales - Court of Appeal

11-06-2004
LONG-TERM CONTRACTS - CONSTRUCTION CONTRACT - BETWEEN TWO AUSTRALIAN PARTIES - SUBJECT TO AUSTRALIAN LAW - CONTRACT PROVIDES FOR PAYMENTS TO BE MADE IN AGREED INSTALMENTS THROUGHOUT THE DURATION OF THE WORK - INSTALMENTS NOT CONDITIONAL ON COMPLETION OF WORK - REFERENCE BY COURT TO ART. 6.1.4, COMMENT 2, OF UNIDROIT PRINCIPLES.
Australia
High Court of Australia

13-12-2007
ADMINISTRATIVE CONTRACTS - LONG-TERM CONTRACTS - JOINT-VENTURE AGREEMENT - BETWEEN AN AUSTRALIAN LAND COUNCIL AND AN AUSTRALIAN COMPANY

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

RIGHT TO TERMINATE A CONTRACT FOR BREACH - DOCTRINE OF "INTERMEDIATE" TERMS - TO BE REJECTED - REFERENCE AMONG OTHERS TO CISG AND THE UNIDROIT PRINCIPLES (ARTICLES 7.3.1 AND 7.3.3)
Australia
Federal Court of Australia

24-10-2008
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN TWO AUSTRALIAN PARTIES – AGREEMENT DEFINED AS ONE OF SELLER AND BUYER, NOT AS ONE OF PRINCIPAL AND AGENT – CONTRACT GOVERNED BY AUSTRALIAN LAW - APPLICATION OF THE CISG EXCLUDED

RELEVANCE OF GENERALLY KNOWN PRACTICES AND USAGES OF THE TRADE SECTOR CONCERNED FOR CHARACTERISATION OF NATURE OF RELATIONSHIP BETWEEN PARTIES – REFERENCE TO ARTICLES 9(2) CISG, 1.9(2) UNIDROIT PRINCIPLES 2004 AND § 1-303 UNIFORM COMMERCIAL CODE

COURSE OF DEALING AS A MEANS OF INTERPRETING AND SUPPLEMENTING TERMS OF THE CONTRACT – REFERENCE TO ARTICLE 9(1) CISG, 1.9(1) AND 5.1.2 UNIDROIT PRINCIPLES 2004 AND § 1-303 UNIFORM COMMERCIAL CODE IN SUPPORT OF CORRESPONDING SOLUTION ACCEPTED IN DOMESTIC LAWS OF COMMON LAW COUNTRIES

PRICE REDUCTION DUE TO QUALITY DEFECTS OF GOODS DELIVERED – BUYER’S RIGHT TO PASS BACK TO SELLER PRICE REDUCTION IT HAD TO ACCEPT FROM ITS FINAL CUSTOMERS – EXISTENCE OF CORRESPONDING COURSE OF DEALING BETWEEN SELLER AND BUYER – TO BE PROVED
Australia
Federal Court of Australia

30-10-2009
LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN TWO AUSTRALIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES AS MEANS OF INTERPRETING APPLICABLE DOMESTIC LAW (AUSTRALIAN LAW)

RELATIONAL CONTRACTS - SUPERVENING LOSS OF MUTUAL TRUST AND CONFIDENCE - NO REMEDY UNDER AUSTRALIAN CONTRACT LAW

PRE-CONTRACTUAL NEGOTIATIONS AND POST-CONTRACTUAL CONDUCT AS AID TO INTERPRETATION OF WRITTEN CONTRACT - WHETHER ADMISSIBLE UNDER AUSTRALIAN LAW - REFERENCE TO UNIDROIT PRINCIPLES (ARTICLE 4.3)

DUTY TO USE BEST EFFORTS - DIFFERENT FROM DUTY TO ACHIEVE A SPECIFIC RESULT - REFERENCE TO ART. 5.1.4 UNIDROIT PRINCIPLES
Australia
Supreme Court of New South Wales - Court of Appeal

16-12-2009
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN TWO AUSTRALIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES AND CISG AS MEANS OF INTERPRETING APPLICABLE DOMESTIC LAW (AUSTRALIAN LAW)

PRE-CONTRACTUAL NEGOTIATIONS AND POST-CONTRACTUAL CONDUCT AS AID TO INTERPRETATION OF WRITTEN CONTRACT - NOT ADMISSIBLE UNDER AUSTRALIAN LAW - REFERENCE TO UNIDROIT PRINCIPLES (ARTICLES 4.1-4.3) AND TO CISG (ARTICLE 8) - IRRELEVANCE OF BOTH INSTRUMENTS IN THE CASE AT HAND
Brazil
Tribunal de Contas da União

07-12-2011
LONG-TERM CONTRACTS - CONSTRUCTION CONTRACT - BETWEEN A BRAZILIAN OIL COMPANY AND FOREIGN COMPANIES

HARDSHIP - ARTICLES 6.2.1 TO 6.2.2 UNIDROIT PRINCIPLES EXPRESSION OF LEX MERCATORIA

HARDSHIP - SUBSTANTIAL APPRECIATION OF A PARTICULAR NATIONAL CURRENCY (BRAZILIAN REAL) VIS-A-VIS ANOTHER NATIONAL CURRENCY (U.S. DOLLAR) - EVENT FORESEEABLE AT TIME OF CONCLUSION OF CONTRACT - HARDSHIP EXCLUDED
Canada
Superior Court, Province of Quebec, District of Montreal

22-08-2005
LONG-TERM CONTRACTS - SHAREHOLDER AGREEMENT - BETWEEN CANADIAN PARTIES - REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF SOLUTION ADOPTED ON THE BASIS OF THE APPLICABLE DOMESTIC LAW (QUEBEC LAW)

DUTY OF LOYALTY AND GOOD FAITH OF EMPLOYEES TOWARDS THEIR EMPLOYER EVEN AFTER TERMINATION OF THEIR EMPLOYMENT CONTRACT - CANNOT BE EXCLUDED BY AGREEMENT - REFERENCE TO ARTICLE 1.7(2) UNIDROIT PRINCIPLES
Canada
Cour d'Appel, Province de Québec, District of Montreal

16-05-2014
LONG-TERM CONTRACTS - CONSTRUCTION CONTRACT - BETWEEN A CANADIAN COMPANY AND A UNITED STATES COMPANY – REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF SOLUTION FOUND UNDER THE APPLICABLE DOMESTIC LAW (QUEBEC LAW)

INCONSISTENT BEHAVIOR – DUTY OF CO-OPERATION - UNEXPECTED DIFFICULTIES ENCOUNTERED BY CONTRACTOR IN COURSE OF PERFORMANCE DUE TO INCONSISTENT BEHAVIOR AND LACK OF CO-OPERATION BY PURCHASER – PURCHASER LIABLE FOR ADDITIONAL COSTS CAUSED TO CONTRACTOR – REFERENCE TO ARTICLE 1.7, 1.8 AND 5.1.3 UNIDROIT PRINCIPLES IN SUPPORT OF SAME CONCLUSION REACHED ON THE BASIS OF GENERAL PRINCIPLE OF GOOD FAITH LAID DOWN IN CIVIL CODE OF QUEBEC
Canada
Cour d'Appel, Province de Québec, District of Montreal

08-08-2016
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN TWO CANADIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT THE APPLICABLE DOMESTIC LAW (QUEBEC LAW)

CONTRAT D'ENERGIE - PRICE OF ELECTRICITY TO BE SUPPLIED FIXED FOR THE ENTIRE DURATION OF CONTRACT - SUPERVENING CHANGES ON ENERGY MARKET BENEFITING CUSTOMER - SUPPLIER INVOKING HARDSHIP - RIGHT TO ASK RENEGOTIATION DENIED - REFERENCE TO ARTICLES 6.2.2 AND 6.2.3 AS WELL AS TO ILLUSTRATION 2 IN COMMENTS TO ARTICLE 6.2.2 OF UNIDROIT PRINCIPLES IN SUPPORT OF SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW
China
Supreme People’s Court

00-00-0000
LONG-TERM CONTRACTS - LAND USE CONTRACT - BETWEEN A CHINESE BANK AND A CHINESE VILLAGE COMMITTEE - GOVERNED BY CHINESE LAW

"COMMENTS" BY A CHINESE JUDGE ON COURT DECISIONS - NOT LEGALLY BINDING - TERMINATION OF CONTRACT FOR SUBSTANTIAL CHANGE OF CIRCUMSTANCES - REFERENCE TO ARTICLE ON HARDSHIP IN UNIDROIT PRINCIPLES 2004.
China
Henan Luoyang Jianxi District People’s Court

00-00-2002
LONG-TERM CONTRACTS - LEASE CONTRACT - BETWEEN TWO CHINESE COMPANIES - GOVERNED BY CHINESE LAW

"COMMENTS" BY CHINESE JUDGES ON THEIR DECISIONS - NOT LEGALLY BINDING - DECISION AWARDING DAMAGES FOR FUNDAMENTAL BREACH - REFERENCE TO UNIDROIT PRINCIPLES, CISG AND PRINCIPLES OF EUROPEAN CONTRACT LAW IN A "COMMENT" WRITTEN BY MEMBERS OF THE COURT
China
Shenzhen Intermediate People's Court; Guangdong High People's Court

00-00-2005
LONG-TERM CONTRACTS - TECHNOLOGY DEVELOPMENT AGREEMENT - BETWEEN TWO CHINESE COMPANIES - GOVERNED BY CHINESE LAW

"COMMENTS" BY CHINESE JUDGES ON THEIR DECISIONS - NOT LEGALLY BINDING - DECISION AWARDING DAMAGES FOR FUNDAMENTAL BREACH - REFERENCE TO ARTICLE 7.3.1 UNIDROIT PRINCIPLES 2004 AND ARTICLE 25 CISG IN A "COMMENT" WRITTEN BY MEMBERS OF THE COURT OF FIRST INSTANCE
China
Shaoguan Intermediate People’s Court

28-04-2005
LONG-TERM CONTRACTS - LEASE CONTRACT - BETWEEN TWO CHINESE COMPANIES - GOVERNED BY CHINESE LAW - CONTRACT TERMINATED ON ACCOUNT OF HARDSHIP - REFERENCE TO RELEVANT PROVISIONS OF UNIDROIT PRINCIPLES
China
Beijing Haidian District People’s Court

20-06-2005
LONG-TERM CONTRACTS - SALES AGENCY CONTRACT - BETWEEN TWO CHINESE COMPANIES - GOVERNED BY CHINESE LAW

"COMMENTS" BY CHINESE JUDGES ON THEIR DECISIONS - NOT LEGALLY BINDING - AVOIDANCE OF THE AGREEMENT FOR FRAUD - REFERENCE IN THE COMMENTS TO ARTICLE 3.11 OF THE UNIDROIT PRINCIPLES
Colombia
Corte Suprema de Justicia

30-08-2011
LONG-TERM CONTRACTS - TRANSPORT CONTRACT - BETWEEN TWO COLOMBIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING AND SUPPLEMENTING APPLICABLE DOMESTIC LAW (COLOMBIAN LAW)

CONTRACT FOR AN INDEFINITE PERIOD OF TIME - UNILATERAL TERMINATION BY ONE PARTY - ADMISSIBLE EVEN IN THE ABSENCE OF A SPECIFIC PROVISION IN THE COLOMBIAN CIVIL CODE - REFERENCE TO ARTICLES FROM 49 TO 64 CISG AND ARTICLES 7.3.1(1), 7.3.3, 7.3.2(1) UNIDROIT PRINCIPLES
Colombia
Corte Suprema de Justicia

21-02-2012
LONG-TERM CONTRACTS - LOAN AGREEMENT - BETWEEN COLOMBIAN INDIVIDUALS AND A COLOMBIAN BANK - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (COLOMBIAN LAW)

UNIDROIT PRINCIPLES AS EXPRESSION OF LEX MERCATORIA - CAN BE CHOSEN BY PARTIES AS THE LAW GOVERNING THE CONTRACT

HARDSHIP - REFERENCE TO ARTICLE 6.2.1 AND 6.2.2 OF UNDROIT PRINCIPLES IN SUPPORT OF SIMILAR PROVISIONS OF COLOMBIAN LAW
Costa Rica
Sala Primera de la Corte Suprema de Justicia, San José

17-06-2004
LONG-TERM CONTRACTS - CONSTRUCTION AND MAINTENANCE CONTRACT - PLURALITY OF PARTIES OF DIFFERENT NATIONALITIES (ITALIAN, DUTCH, FRENCH)

UNIDROIT PRINCIPLES IN SUPPORT OF THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (COSTA RICAN LAW)

BREACH OF CONTRACT - REMEDIES - REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF ARTICLE 425 OF THE COMMERCIAL CODE AND TO ARTICLE 692 OF THE CIVIL CODE OF COSTA RICA
France
Cour d'appel de Paris (1er Ch.C.)

05-03-1998
LONG-TERM CONTRACTS - CATERING SERVICE CONTRACT - BETWEEN A FRENCH COMPANY AND A FRENCH-KAZAKH COMPANY

REFERENCE BY ARBITRAL TRIBUNAL TO THE UNIDROIT PRINCIPLES AS A "CODIFICATION" OF INTERNATIONAL TRADE USAGES - WITHOUT EXPRESS AUTHORIZATION BY PARTIES - REFERENCE DOES NOT EXCEED TERMS OF SUBMISSION IF OF NO DIRECT IMPACT ON THE MERITS OF THE DECISION
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 THE UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT THE APPLICABLE DOMESTIC LAW (TURKISH 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)

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)

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

Italy
Tribunale Padova - Sez. Este

11-01-2005
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN A SLOVENIAN INDIVIDUAL AND AN ITALIAN COMPANY - REFERENCE BY PARTIES TO "THE LAWS AND REGULATIONS OF THE INTERNATIONAL CHAMBER OF COMMERCE, PARIS, FRANCE" AS THE LAW GOVERNING THEIR CONTRACT - INEFFECTIVE BECAUSE TOO VAGUE AND IMPRECISE

REFERENCE BY PARTIES TO LEX MERCATORIA, UNIDROIT PRINCIPLES OR CISG (IN CASES WHERE CISG IS NOT APPLICABLE) AS THE LAW GOVERNING THE CONTRACT - NOT VERITABLE CHOICE OF LAW CLAUSE - MERELY AMOUNTS TO INCORPORATION OF SUCH NON-BINDING RULES INTO THE CONTRACT

REQUIREMENT CONTRACTS - COVERED BY CISG

SUPPLIER'S FAILURE TO DELIVER GOODS - AMOUNTS TO FUNDAMENTAL BREACH - BUYER ENTITLED TO TERMINATE CONTRACT (ART. 49(1)(B CISG) - CONDITIONS
Italy
Tribunale Bergamo

19-04-2006
LONG-TERM CONTRACTS - BILLBOARD LEASE CONTRACT - BETWEEN TWO ITALIAN COMPANIES

REFERENCE TO THE UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING THE APPLICABLE DOMESTIC LAW (ITALIAN LAW)

CONTRACT INFRINGING MANDATORY RULE OF THE APPLICABLE LAW - A PARTY'S CLAIM FOR RESTITUTION OF PERFORMANCE RENDERED DEPENDENT ON THAT PARTY'S POSSIBILITY OF MAKING RESTITUTION IN KIND OF THE OTHER PARTY'S PERFORMANCE RECEIVED (GENERIC REFERENCE TO UNIDROIT PRINCIPLES AND REFERENCE TO ARTICLE 81(A) CISG)
Lithuania
Supreme Court of Lithuania

31-05-2011
LONG-TERM CONTRACTS - LEASE CONTRACT - BETWEEN TWO LITHUANIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES TO CONFIRM THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (LITHUANIAN LAW)

HARDSHIP - PRESUPPOSES FUNDAMENTAL ALTERATION OF CONTRACTUAL AGREEMENT - ARTICLE 6.204 OF THE LITHUANIAN CIVIL CODE INTERPRETED IN ACCORDANCE WITH ARTICLES 6.2.1, 6.2.2, 6.2.3 OF THE UNIDROIT PRINCIPLES

HARDSHIP - ECONOMIC CRISIS - DECREASED NUMBER OF TOURISTS, INCREASED VAT AND CHANGED MARKET PRICES FOR A RENT WAS CONSIDERED SUFFICIENT REASON FOR CHANGING (REDUCING) THE CONTRACT PRICE
Lithuania
Supreme Court of Lithuania

07-03-2012
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN TWO LITHUANIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES TO CONFIRM THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (LITHUANIAN LAW).

CONTRACT FOR AN INDEFINITE PERIOD - REASONABLE TIME FOR A NOTICE OF TERMINATION - REFERENCE TO ARTICLE 6.199 OF THE LITHUANIAN CIVIL CODE AND TO ARTICLE 5.1.8 OF THE UNIDROIT PRINCIPLES
Lithuania
Supreme Court of Lithuania

26-06-2012
LONG-TERM CONTRACTS - LOAN AGREEMENT - BETWEEN A LITHUANIAN INDIVIDUAL AND A SCANDINAVIAN BANK - REFERENCE TO UNIDROIT PRINCIPLES TO CONFIRM THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (LITHUANIAN LAW)

HARDSHIP - REQUEST FOR RENEGOTIATION OF THE CONTRACT TO BE MADE "WITHOUT UNDUE DELAY" - ARTICLE 6.204 OF THE LITHUANIAN CIVIL CODE INTERPRETED IN ACCORDANCE WITH ARTICLES 6.2.1, 6.2.2, 6.2.3 OF THE UNIDROIT PRINCIPLES

HARDSHIP - THE REQUEST FOR RENEGOTIATION OF ONE PARTY DOES NOT PREVENT THE OTHER PARTY FROM TERMINATING THE CONTRACT FOR NON-PERFORMANCE
Lithuania
Supreme Court of Lithuania

13-11-2013
LONG-TERM CONTRACTS - LOAN AGREEMENT - BETWEEN TWO LITHUANIAN INDIVIDUALS AND A LITHUANIAN BANK - REFERENCE TO UNIDROIT PRINCIPLES TO CONFIRM THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (LITHUANIAN LAW)

HARDSHIP - PRESUPPOSES SUPERVENING FUNDAMENTAL ALTERATION OF CONTRACTUAL EQUILIBRIUM - REFERENCE TO ART. 6.204 OF THE LITHUANIAN CIVIL CODE AND TO ARTS. 6.2.2 AND 6.2.3 OF THE UNIDROIT PRINCIPLES
Lithuania
Supreme Court of Lithuania

23-12-2013
LONG-TERM CONTRACTS - LOAN AGREEMENT - BETWEEN LITHUANIAN COMPANY AND DANISH BANK - REFERENCE TO UNIDROIT PRINCIPLES AS MEANS OF INTERPRETING APPLICABLE DOMESTIC LAW (LITHUANIAN LAW)

MISTAKE - GROUND FOR AVOIDANCE OF CONTRACT ONLY IF SERIOUS AND MISTAKEN PARTY NOT GROSSLY NEGLIGENT - REFERENCE TO ARTICLE 3.2.2 OF UNIDROIT PRINCIPLES TO INTERPRET ARTICLE 1.90 OF THE LITHUANIAN CIVIL CODE
Lithuania
Supreme Court of Lithuania

28-11-2014
LONG-TERM CONTRACTS - CONSTRUCTION CONTRACT - BETWEEN TWO LITHUANIAN PARTIES - REFERENCE TO UNIDROIT PRINCIPLES TO CONFIRM THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (LITHUANIAN LAW).

HARDSHIP - PRESUPPOSES FUNDAMENTAL ALTERATION OF CONTRACTUAL AGREEMENT - ARTICLE 6.204 OF THE LITHUANIAN CIVIL CODE INTERPRETED IN ACCORDANCE WITH ARTICLES 6.2.1, 6.2.2 OF THE UNIDROIT PRINCIPLES

HARDSHIP - INSOLVENCY OF ONE PARTY - ADAPTATION OF CONTRACT JUSTIFIED ONLY IF INSOLVENCY CAUSES FUNDAMENTAL INCREASE OF THE COST OF INSOLVENT PARTY'S PERFORMANCE OR DECREASE IN VALUE OF OTHER PARTY'S COUNTER-PERFORMANCE
Netherlands
Hoge Raad

24-04-2009
STATE CONTRACTS - LONG-TERM CONTRACTS - MILITARY EQUIPMENT SUPPLY CONTRACT - BETWEEN AN ENGLISH COMPANY AND THE IRANIAN MINISTRY OF DEFENCE - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET CONTRACT CLAUSE

TERMINATION - CONTRACTS TO BE PERFORMED OVER A PERIOD OF TIME - TERMINATION NOT AFFECTING PARTS ALREADY PERFORMED (ARTICLE 7.3.6 (2) [ART. 7.3.7 OF THE 2010 EDITION] UNIDROIT PRINCIPLES)
Netherlands
Rechtbank's-Gravenhage

11-05-2011
STATE CONTRACTS - LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN AN ENGLISH COMPANY AND AN IRANIAN GOVERNMENT AGENCY

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
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
Netherlands
Hoge Raad

22-05-2015
STATE CONTRACTS - LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN AN ENGLISH COMPANY AND AN IRANIAN GOVERNMENT AGENCY

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
New Zealand
Court of Appeal of New Zealand

03-10-2001
LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN A NEW ZEALAND MANUFACTURER AND AN ENGLISH DISTRIBUTOR - GOVERNED BY NEW ZEALAND LAW

IMPLIED DUTY OF REASONABLENESS AND GOOD FAITH IN CONTRACT PERFORMANCE - RECOGNISED IN INTERNATIONAL TRADE LAW (ART. 1.7 UNIDROIT PRINCIPLES AND ART. 7(1) CISG - DISSENTING OPINION
New Zealand
Supreme Court of New Zealand

10-02-2010
LONG-TERM CONTRACTS - GAS SUPPLY CONTRACT - BETWEEN TWO NEW ZEALAND COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING APPLICABLE DOMESTIC LAW (NEW ZEALAND LAW)

CONTRACT INTERPRETATION - ADMISSIBILITY OF EXTRINSIC EVIDENCE AND IN PARTICULAR OF PRE-CONTRACTUAL NEGOTIATIONS FOR INTERPRETATION OF WRITTEN CONTRACTS - REFERENCE TO UNIDROIT PRINCIPLES (ART. 4.3)
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, 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, Sala 6

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
Russian Federation
Federal Arbitrazh Court of the Volgo-Vyatsky District

27-06-2003
LONG-TERM CONTRACTS - STORAGE SERVICE CONTRACT - BETWEEN TWO RUSSIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES TO CONFIRM THE SOLUTION PROVIDED BY APPLICABLE DOMESTIC LAW (RUSSIAN LAW).

NOTION OF FORCE MAJEURE - REFERENCE TO ARTICLE 401(3) OF THE RUSSIAN CIVIL CODE AND TO ARTICLE 7.1.7 OF THE UNIDROIT PRINCIPLES
Russian Federation
Arbitrazh Court of Khanty-Mansi Autonomous District – Yugra

08-07-2008
LONG-TERM CONTRACTS - ADMINISTRATIVE CONTRACTS - SUPPLY CONTRACT - BETWEEN A RUSSIAN REGIONAL SOCIAL SECURITY FUND AND A RUSSIAN COMPANY

UNIDROIT PRINCIPLES APPLIED AS MEANS OF INTERPRETING DOMESTIC LAW (RUSSIAN LAW)

FORCE MAJEURE - REFERENCE TO ARTICLE 7.1.7 OF THE UNIDROIT PRINCIPLES
Russian Federation
Arbitrazh Court of the Krasnoyarsk region

21-05-2009
LONG-TERM CONTRACTS - SERVICE CONTRACT - BETWEEN TWO RUSSIAN COMPANIES - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

FORCE MAJEURE - REFERENCE TO ARTICLE 7.1.7 IN SUPPORT OF SIMILAR SOLUTION UNDER RUSSIAN LAW
Russian Federation
Thirteenth circuit arbitrazh court of appeal

05-06-2009
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN TWO RUSSIAN COMPANIES – REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT APPLICABLE LAW (RUSSIAN LAW).

NOTION OF FORCE MAJEURE – REFERENCE TO ARTICLE 7.1.7 OF UNIDROIT PRINCIPLES
Russian Federation
Fourth circuit Arbitrazh Court of Appeal

22-11-2010
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN A RUSSIAN COMPANY AND CHINESE COMPANIES – REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT APPLICABLE LAW (RUSSIAN LAW)

FREEDOM OF CONTRACT – REFERENCE TO ARTICLE 1.1 OF UNIDROIT PRINCIPLES
Russian Federation
Fourth circuit Arbitrazh Court of Appeal

12-07-2013
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN A RUSSIAN COMPANY AND A CHINESE COMPANY - UNIDROIT PRINCIPLES APPLIED AS MEANS FOR INTERPRETING DOMESTIC LAW (RUSSIAN LAW)

UNIDROIT PRINCIPLES APPLIED TOGETHER WITH ARTICLE 58 (1) OF THE CISG

FREEDOM OF CONTRACT - REFERENCE TO ARTICLE 1.1. OF THE UNIDROIT PRINCIPLES
Russian Federation
Arbitrazh Court of Trans-Baikal Territory

12-09-2013
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN A RUSSIAN COMPANY AND A CHINESE COMPANY - UNIDROIT PRINCIPLES APPLIED AS MEANS FOR INTERPRETING DOMESTIC LAW (RUSSIAN LAW)

UNIDROIT PRINCIPLES APPLIED TOGETHER WITH ARTICLE 58(1) OF THE CISG

FREEDOM OF CONTRACT - REFERENCE TO ARTICLE 1.1. OF THE UNIDROIT PRINCIPLES
Russian Federation
Fourth circuit Arbitrazh Court of Appeal

20-11-2013
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN A RUSSIAN COMPANY AND A CHINESE COMPANY - UNIDROIT PRINCIPLES APPLIED AS MEANS FOR INTERPRETING DOMESTIC LAW (RUSSIAN LAW)

UNIDROIT PRINCIPLES APPLIED TOGETHER WITH ARTICLE 58(1) CISG

FREEDOM TO ENTER INTO AND DETERMINE THE CONTENT OF THE CONTRACT - REFERENCE TO ARTICLE 1.1. OF THE UNIDROIT PRINCIPLES
Russian Federation
Fourth circuit Arbitrazh Court of Appeal

23-12-2013
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN A RUSSIAN COMPANY AND A CHINESE COMPANY - UNIDROIT PRINCIPLES APPLIED AS MEANS FOR INTERPRETING DOMESTIC LAW (RUSSIAN LAW)

UNIDROIT PRINCIPLES APPLIED TOGETHER WITH ARTICLE 58(1) CISG

FREEDOM TO ENTER INTO AND DETERMINE THE CONTENT OF THE CONTRACT - REFERENCE TO ARTICLE 1.1. OF THE UNIDROIT PRINCIPLES
Russian Federation
Arbitrazh Court of Trans-Baikal Territory

27-12-2013
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN A RUSSIAN COMPANY AND A CHINESE COMPANY - UNIDROIT PRINCIPLES APPLIED AS MEANS FOR INTERPRETING DOMESTIC LAW (RUSSIAN LAW)

UNIDROIT PRINCIPLES APPLIED TOGETHER WITH ARTICLE 58(1) CISG

FREEDOM TO ENTER INTO AND DETERMINE THE CONTENT OF THE CONTRACT - REFERENCE TO ARTICLE 1.1. OF THE 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.
Russian Federation
Fourth circuit Arbitrazh Court of Appeal

31-01-2014
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN A RUSSIAN COMPANY AND A CHINESE COMPANY - UNIDROIT PRINCIPLES APPLIED AS MEANS FOR INTERPRETING DOMESTIC LAW (RUSSIAN LAW)

UNIDROIT PRINCIPLES APPLIED TOGETHER WITH ARTICLE 58(1) CISG

FREEDOM TO ENTER INTO AND DETERMINE THE CONTENT OF THE CONTRACT - REFERENCE TO ARTICLE 1.1. OF THE UNIDROIT PRINCIPLES
Russian Federation
Fifteenth circuit Arbitrazh Court of Appeal

05-02-2014
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN A RUSSIAN COMPANY AND A TURKISH COMPANY - UNIDROIT PRINCIPLES APPLIED AS MEANS FOR INTERPRETING DOMESTIC LAW (RUSSIAN LAW)

FREEDOM OF CONTRACT - REFERENCE TO ARTICLE 1.1. OF THE UNIDROIT PRINCIPLES AND TO ART. 432 OF THE CIVIL CODE OF THE RUSSIAN FEDERATION
Russian Federation
Fourth circuit Arbitrazh Court of Appeal

14-02-2014
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN A RUSSIAN COMPANY AND A CHINESE COMPANY - UNIDROIT PRINCIPLES APPLIED AS MEANS FOR INTERPRETING DOMESTIC LAW (RUSSIAN LAW)

UNIDROIT PRINCIPLES APPLIED TOGETHER WITH ARTICLE 58(1) CISG

FREEDOM TO ENTER INTO AND DETERMINE THE CONTENT OF THE CONTRACT - REFERENCE TO ARTICLE 1.1. OF THE UNIDROIT PRINCIPLES
Russian Federation
Fourth circuit Arbitrazh Court of Appeal

11-03-2014
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN A RUSSIAN COMPANY AND A CHINESE COMPANY - UNIDROIT PRINCIPLES APPLIED AS MEANS FOR INTERPRETING DOMESTIC LAW (RUSSIAN LAW)

UNIDROIT PRINCIPLES APPLIED TOGETHER WITH ARTICLE 58(1) CISG

FREEDOM TO ENTER INTO AND DETERMINE THE CONTENT OF THE CONTRACT - REFERENCE TO ARTICLE 1.1. OF THE UNIDROIT PRINCIPLES
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

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
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

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 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
Switzerland
Bundesgericht

16-12-2009
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN A SOUTH AFRICAN COMPANY AND A UNITED STATES COMPANY - CHOICE OF LAW CLAUSE IN FAVOUR OF "DOMESTIC SWISS LAW" - APPLICATION OF CISG EXCLUDED

CONTRACT PROVIDING TERMINATION IN CASE OF "MATERIAL BREACH" - CONCEPT OF "MATERIAL BREACH" UNKNOWN IN DOMESTIC SWISS LAW - INTERPRETATION OF THE CONTRACT ACCORDING TO ARTICLE 25 CISG AND ARTICLE 7.3.1 UNIDROIT PRINCIPLES

CONTRACT INTERPRETATION UNDER DOMESTIC SWISS LAW - ABSENT A COMMON INTENTION BETWEEN THE PARTIES INTERPRETATION ACCORDING TO UNDERSTANDING OF A REASONABLE PERSON - INTERNATIONAL COMMERCIAL CONTRACTS - CISG AND UNIDROIT PRINCIPLES AS A MEANS OF DETERMINING UNDERSTANDING OF A REASONABLE PERSON
Ukraine
High Commercial Court of Ukraine

04-03-2008
LONG-TERM CONTRACTS - COOPERATION AGREEMENT - BETWEEN A POLISH COMPANY AND AN UKRAINIAN COMPANY - UKRAINIAN LAW AS GOVERNING LAW - REFERENCE TO THE UNIDROIT PRINCIPLES DEFINED BY COURT AS "GENERAL RULES OF INTERNATIONAL COMMERCIAL CONTRACTS"

GENERAL PRINCIPLE OF GOOD FAITH AND FAIR DEALING - REFERENCE TO ARTICLE 1.7 UNIDROIT PRINCIPLES
Ukraine
Cherkasy Regional Commercial Court

30-11-2009
LONG-TERM CONTRACTS - LEASE CONTRACT - BETWEEN AN UKRAINIAN BANK AND AN UKRAINIAN INDIVIDUAL - UNIDROIT PRINCIPLES APPLIED AS AN EXPRESSION OF INTERNATIONAL TRADE CUSTOM - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (UKRAINIAN LAW)

HARDSHIP - TERMINATION OF CONTRACT - REFERENCE TO ART. 6.2.2 UNIDROIT PRINCIPLES AND TO ART. 652 OF THE UKRAINIAN CIVIL CODE
Ukraine
Kyiv Commercial Court of Appeal

02-02-2010
LONG-TERM CONTRACTS - LEASE CONTRACT - BETWEEN TWO UKRAINIAN COMPANIES - UNIDROIT PRINCIPLES APPLIED AS MEANS FOR INTERPRETING DOMESTIC LAW (UKRAINIAN LAW)

HARDSHIP - REFERENCE TO ARTICLE 652 OF THE UKRAINIAN CIVIL CODE AND TO ARTICLE 6.2.2 UNIDROIT PRINCIPLES
Ukraine
Poltava Regional Commercial Court

22-03-2010
LONG-TERM CONTRACTS - ADMINISTRATIVE CONTRACTS - LEASE CONTRACT - BETWEEN AN UKRAINIAN CITY COUNCIL AND AN UKRAINIAN COMPANY - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET THE APPLICABLE DOMESTIC LAW (UKRAINIAN LAW)

HARDSHIP - FUNDAMENTAL CHANGE OF CIRCUMSTANCES - REFERENCE TO ARTICLE 652 OF THE UKRAINIAN CIVIL CODE AND TO ARTICLE 6.2.2. OF THE UNIDROPIT PRINCIPLES
Ukraine
Dnipropetrovsk Regional Administrative Court

21-06-2010
LONG-TERM CONTRACTS - LOAN AGREEMENT - BETWEEN AN UKRAINIAN COMPANY AND A FOREIGN BANK - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (UKRAINIAN LAW) - UNIDROIT PRINCIPLES AS EXPRESSION OF INTERNATIONAL TRADE CUSTOMS
Ukraine
High Commercial Court of Ukraine

24-11-2010
LONG-TERM CONTRACTS - ADMINISTRATIVE CONTRACTS - SUPPLY CONTRACT - BETWEEN AN UKRAINIAN COMPANY AND AN UKRAINIAN CITY COUNCIL - UNIDROIT PRINCIPLES APPLIED AS MEANS FOR INTERPRETING DOMESTIC LAW (UKRAINIAN LAW)

HARDSHIP - REFERENCE TO ART. 652 OF THE UKRAINIAN CIVIL CODE AND TO ART. 6.2.1 OF THE UNIDROIT PRINCIPLES
Ukraine
Rivne Regional Commercial Court

25-04-2012
LONG-TERM CONTRACTS - EASEMENT CONTRACT - BETWEEN TWO UKRAINIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET THE APPLICABLE DOMESTIC LAW (UKRAINIAN LAW).

HARDSHIP - FUNDAMENTAL CHANGE OF CIRCUMSTANCES - REFERENCE TO ARTICLE 652 OF THE UKRAINIAN CIVIL CODE AND TO ARTICLE 6.2.2. OF THE UNIDROIT PRINCIPLES AS EXPRESSION OF INTERNATIONAL TRADE USAGES
Ukraine
Kyiv Commercial Court of Appeal

24-05-2012
LONG-TERM CONTRACTS - EASEMENT CONTRACT - BETWEEN TWO UKRAINIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (UKRAINIAN LAW).

HARDSHIP - FUNDAMENTAL CHANGE OF CIRCUMSTANCES - REFERENCE TO ARTICLE 406 AND 652 OF THE UKRAINIAN CIVIL CODE AND TO ARTICLE 6.2.2. OF THE UNIDROPIT PRINCIPLES
Ukraine
Kyiv Commercial Court

29-05-2012
LONG-TERM CONTRACTS - EASEMENT CONTRACT - BETWEEN TWO UKRAINIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET THE APPLICABLE DOMESTIC LAW (UKRAINIAN LAW).

HARDSHIP - FUNDAMENTAL CHANGE OF CIRCUMSTANCES - REFERENCE TO ARTICLE 652 OF THE UKRAINIAN CIVIL CODE AND TO ARTICLE 6.2.2. OF THE UNIDROPIT PRINCIPLES AS EXPRESSION OF INTERNATIONAL TRADE CUSTOMS
Ukraine
Volyn Regional Commercial Court

08-06-2012
LONG-TERM CONTRACTS - GAS SUPPLY CONTRACT - BETWEEN TWO UKRAINIAN COMPANIES - UNIDROIT PRINCIPLES APPLIED AS MEANS OF INTERPRETING DOMESTIC LAW (UKRAINIAN LAW)

HARDSHIP - SUBSTANTIAL CHANGE OF CIRCUMSTANCES - REFERENCE TO ARTICLE 652 OF THE UKRAINIAN CIVIL CODE AND TO ARTICLE 6.2.2 UNIDROIT PRINCIPLES
Ukraine
High Administrative Court of Ukraine

22-04-2013
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN UKRAINIAN COMPANY AND KAZAKH COMPANY - UKRAINIAN LAW GOVERNING THE CONTRACT - REFERENCE BY PARTIES TO CISG AND UNIDROIT PRINCIPLES

FORCE MAJEURE - REFERENCE BY COURT TO CISG AND UNIDROIT PRINCIPLES IN SUPPORT OF SOLUTION ADOPTED UNDER UKRAINIAN LAW
Ukraine
Kyiv District Administrative Court

01-11-2013
LONG-TERM CONTRACTS - LEASE CONTRACT – BETWEEN AN UKRAINIAN STATE-OWNED COMPANY AND ROMANIAN COMPANY - REFERENCE TO UNIDROIT PRINCIPLES (1994 ED.) IN SUPPORT OF THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (UKRAINIAN LAW)

INTERPRETATION OF CONTRACT ACCORDING TO THE INTENTIONS OF THE PARTY AND THE RELEVANT CIRCUMSTANCES - REFERENCE TO ARTICLES 4.1 AND 4.3 OF UNIDROIT PRINCIPLE
United Kingdom
High Court of Justice (Queen's Bench Division)

04-11-2005
STATE CONTRACTS - LONG-TERM CONTRACTS - JOINT-VENTURE AGREEMENT - BETWEEN A SWEDISH COMPANY AND A LITHUANIAN COMPANY - SIGNED ALSO BY THE LITHUANIAN GOVERNMENT - LITHUANIAN LAW APPLICABLE

INTERPRETATION OF THE AGREEMENT - LIBERAL INTERPRETATION IN ACCORDANCE WITH PARTIES’ COMMON INTENTION - RELEVANCE OF PRELIMINARY NEGOTIATIONS - REFERENCE TO ARTICLES 6.193 - 6.195 OF THE LITHUANIAN CIVIL CODE REPEATING ARTICLES 4.1 - 4.6 OF THE UNIDROIT PRINCIPLES
United Kingdom
Court of Appeal (Civil Division)

17-02-2006
LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN TWO ENGLISH COMPANIES - CONTRACT INTERPRETATION ACCORDING TO ENGLISH LAW - WRITTEN CONTRACT CONTAINING A MERGER CLAUSE - ADMISSIBILITY OF EXTRINSIC EVIDENCE AND IN PARTICULAR OF PRE-CONTRACTUAL NEGOTIATIONS - REFERENCE TO UNIDROIT PRINCIPLES (ARTS. 4.1-4.3) AND CISG (ART. 8)
United Kingdom
High Court of Justice, Queen's Bench Division, Commercial Court

13-07-2006
LONG-TERM CONTRACTS - SATELLITE CONTRACT - BETWEEN AN ENGLISH COMPANY AND A NIGERIAN COMPANY - STATING THAT IT WAS GOVERNED BY ENGLISH LAW AND TO BE INTERPRETED IN ACCORDANCE WITH UNIDROIT PRINCIPLES TO THE EXTENT THEY WERE NOT INCONSISTENT WITH THE FORMER

CONTRACT INTERPRETATION - COURT HELD THAT CONTRACT "BE CONSTRUED USING THE CONVENTIONAL CANONS OF CONSTRUCTION APPLICABLE TO COMMERCIAL CONTRACTS" WITHOUT EXPRESSLY REFERRING TO THE UNIDROIT PRINCIPLES
United Kingdom
Court of Appeal (Civil Division)

12-03-2008
LONG-TERM CONTRACTS - CONSTRUCTION CONTRACT - BETWEEN TWO ENGLISH COMPANIES - CONTRACT INTERPRETATION ACCORDING TO ENGLISH LAW - TRADITIONAL RULE THAT EVIDENCE OF PRE-CONTRACTUAL NEGOTIATIONS TO INTERPRET CONTRACT CLAUSE INADMISSIBLE - TO BE APPLIED WITH FLEXIBILITY - REFERENCE TO UNIDROIT PRINCIPLES (ART. 4.3) AND CISG (ART. 8)
United Kingdom
House of Lords

01-07-2009
LONG-TERM CONTRACTS - CONSTRUCTION CONTRACT - BETWEEN TWO ENGLISH COMPANIES - CONTRACT INTERPRETATION ACCORDING TO ENGLISH LAW - TRADITIONAL RULE THAT EVIDENCE OF PRE-CONTRACTUAL NEGOTIATIONS TO INTERPRET CONTRACT CLAUSE INADMISSIBLE CONFIRMED - DIFFERENT APPROACH INSPIRED BY UNIDROIT PRINCIPLES, PRINCIPLES OF EUROPEAN CONTRACT LAW AND CISG REFLECTING FRENCH PHILOSOPHY OF CONTRACT INTERPRETATION - AS SUCH INCOMPATIBLE WITH ENGLISH LAW
USA
Administrative Determination; Overseas Private Investment Corp.

08-02-2005
STATE CONTRACTS - LONG-TERM CONTRACTS - LICENSING AGREEMENT - BETWEEN A UNITED STATES INVESTOR AND THE ARGENTINIAN GOVERNMENT

ADMINISTRATIVE DETERMINATION BY U.S. GOVERNMENTAL INSURANCE AGENCY ON EXPROPRIATION CLAIM - QUESTION AS TO WHETHER OR NOT A VALID CONTRACT HAD BEEN CONCLUDED BETWEEN UNITED STATES INVESTOR AND THE ARGENTINIAN GOVERNMENT - REFERENCE TO THE TWO CRITERIA SET OUT IN ART. 2.1.1 UNIDROIT PRINCIPLES
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
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