SELECTED CASES BY TYPE OF CONTRACT INVOLVED

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

00-00-0000
SALES CONTRACT - BETWEEN THE UNITED NATIONS ORGANIZATION AND A EUROPEAN COMPANY - IN THE CONTEXT OF A PEACE-KEEPING MISSION IN AFRICA - CONTRACT SILENT AS TO APPLICABLE LAW - PARTIES AGREED ON APPLICATION OF CISG AND UNIDROIT PRINCIPLES
Arbitral Award
ICC International Court of Arbitration

00-00-0000
INTERNATIONAL SALES CONTRACT - GOVERNED BY CISG – RATE OF INTEREST – NOT DETERMINED BY CISG – REFERENCE TO ART. 7.4.9 UNIDROIT PRINCIPLES

FIRST CRITERION AVERAGE PRIME RATE FOR CURRENCY OF PAYMENT AT PLACE OF PAYMENT (ART. 7.4.9(2) FIRST SENTENCE UNIDROIT PRINCIPLES) – IF NO SUCH RATE EXISTS RECOURSE TO AVERAGE PRIME RATE FOR CURRENCY OF PAYMENT IN STATE OF CURRENCY OF PAYMENT (ART. 7.4.9(2) FIRST SENTENCE UNIDROIT PRINCIPLES)
Arbitral Award
ICC International Court of Arbitration 11869

00-00-0000
SALES CONTRACT - BETWEEN AUSTRALIAN SELLER AND BUYER OF UNKNOWN NATIONALITY - PARTIES' CHOICE OF ENGLISH LAW AS APPLICABLE LAW

ARBITRATION AGREEMENT PROVIDING “FOR ARBITRATION IN VIENNA, AUSTRIA, IN ACCORDANCE TO THE RULES OF ARBITRATION” - TO BE UNDERSTOOD AS REFERENCE TO ARBITRATION TO BE HELD IN VIENNA IN ACCORDANCE WITH ICC RULES OF ARBITRATION - REFERENCE BY ARBITRAL TRIBUNAL TO PRINCIPLES OF “IN FAVOREM VALIDITATIS” AND “CONTRA PROFERENTEM” UNDER ENGLISH LAW AND TO PROVISIONS ON INTERPRETATION IN UNIDROIT PRINCIPLES WHICH ACCORDING TO ARBITRAL TRIBUNAL “THOUGH […] TO A LARGE EXTENT IDENTICAL TO THE ENGLISH CANONS OF CONSTRUCTION […] INCLUDE CERTAIN ADDITIONAL OR BROADER RULES THAT SUPPLEMENT THE ENGLISH PRINCIPLES TO AVOID THAT THE BAD DRAFTING LEADS TO THE UNCERTAINTY OF A CONTRACT”
Arbitral Award
Schiedsgericht Berlin

00-00-1990
SALES CONTRACT - BETWEEN AN ECONOMIC UNIT OF THE GERMAN DEMOCRATIC REPUBLIC AND AN ECONOMIC UNIT OF AN ANOTHER EASTERN EUROPEAN COUNTRY - CONTRACT GOVERNED BY DOMESTIC LAW (LAW OF THE GERMAN DEMOCRATIC REPUBLIC)

HARDSHIP - RADICAL CHANGE IN THE ORIGINAL CONTRACTUAL EQUILIBRIUM - REFERENCE BY ARBITRAL TRIBUNAL TO THE UNIDROIT PRINCIPLES (ARTS. 6.2.1, 6.2.2, 6.2.3) TO DEMONSTRATE THAT SOLUTION REACHED UNDER APPLICABLE DOMESTIC LAW CORRESPONDED TO INTERNATIONALLY ACCEPTED PRINCIPLES
Arbitral Award
Internationales Schiedsgericht der Bundeskammer der gewerblichen Wirtschaft - Wien

15-06-1994
SALES CONTRACT - BETWEEN AN AUSTRIAN SELLER AND A GERMAN BUYER

APPLICATION OF THE 1980 VIENNA CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG) - CHOICE OF THE LAW OF A CONTRACTING STATE (AUSTRIAN LAW) AS GOVERNING LAW OF THE CONTRACT (ART. 1(1)(B) CISG)

NON-CONFORMITY - NOTICE - WAIVER OF THE RIGHT TO SET UP DEFENSE OF UNTIMELY NOTICE - PARTIES' INTENT MUST BE CLEARLY ESTABLISHED

PARTY ESTOPPED FROM CLAIMING DEFENSE OF UNTIMELY NOTICE - ESTOPPEL (VENIRE CONTRA FACTUM PROPRIUM) AS A GENERAL PRINCIPLE UNDERLYING CISG (ART. 7(2) CISG)

INTEREST RATE MATTER NOT EXPRESSLY SETTLED BY CISG (ART. 7(2) CISG) - TO BE SETTLED IN CONFORMITY WITH THE GENERAL PRINCIPLES UNDERLYING CISG - FULL COMPENSATION (ARTS. 74 AND 78 CISG) AS A GENERAL PRINCIPLE OF CISG - AVERAGE PRIME RATE FOR CURRENCY OF PAYMENT IN THE CREDITOR'S COUNTRY (ART. 7.4.9 UNIDROIT PRINCIPLES)
Arbitral Award
Internationales Schiedsgericht der Bundeskammer der gewerblichen Wirtschaft - Wien

15-06-1994
SALES CONTRACT - BETWEEN AN AUSTRIAN SELLER AND A GERMAN BUYER

APPLICATION OF THE 1980 VIENNA CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG) - CHOICE BY PARTIES OF THE LAW OF A CONTRACTING STATE (AUSTRIAN LAW) AS GOVERNING LAW OF THE CONTRACT (ART. 1(1)(B) CISG)

DUTY TO MITIGATE DAMAGES (ART. 77 CISG) - SUBSTITUTE SALE DIFFERENCE BETWEEN CONTRACT PRICE AND SUBSTITUTE SALE PRICE

RIGHT TO INTEREST (ART. 78 CISG) - TIME OF ACCRUAL (ART. 58 CISG)

INTEREST RATE - MATTER NOT EXPRESSLY SETTLED BY CISG (ART. 7(2) CISG) - TO BE SETTLED IN CONFORMITY WITH THE GENERAL PRINCIPLES UNDERLYING CISG - FULL COMPENSATION (ARTS. 74 AND 78 CISG) AS A GENERAL PRINCIPLE OF CISG - AVERAGE PRIME RATE FOR CURRENCY OF PAYMENT IN THE CREDITOR'S COUNTRY (ART. 7.4.9 UNIDROIT PRINCIPLES)
Arbitral Award
ICC International Court of Arbitration - Basle 8128

00-00-1995
SALES CONTRACT - BETWEEN AN AUSTRIAN SELLER AND A SWISS BUYER - GOVERNED BY CISG

FUNDAMENTAL BREACH (ART. 25 CISG) - SELLER'S FAILURE TO GIVE BUYER CORRECT INSTRUCTIONS AS TO PACKAGING

FUNDAMENTAL BREACH (ART. 25 CISG) - LATE DELIVERY - KNOWLEDGE OF SELLER THAT DATE FOR DELIVERY IS ESSENTIAL TO BUYER FIXING OF ADDITIONAL TIME FOR PERFORMANCE NOT NECESSARY

AVOIDANCE - DECLARATION OF AVOIDANCE - INVITATION TO PERFORM UNDER THREAT OF AVOIDANCE - NO SUCCESSIVE DECLARATION NEEDED

DAMAGES - SUBSTITUTE TRANSACTION - REASONABLENESS OF SUBSTITUTE TRANSACTION (ART. 75 CISG) - REQUIREMENTS

INTEREST (ART. 78 CISG) - INTEREST ON OTHER SUMS IN ARREARS - ACCRUAL

INTEREST - RULE OF AVERAGE BANK LENDING RATE TO PRIME BORROWERS CONTAINED IN ART. 7.4.9 UNIDROIT PRINCIPLES AND ART. 4.507 OF PRINCIPLES OF EUROPEAN CONTRACT LAW AS A GENERAL PRINCIPLE UNDERLYING CISG (ART. 7(2) CISG) - LIBOR RATE APPLICABLE
Arbitral Award
ICC International Court of Arbitration, Paris 7375

05-06-1996
STATE CONTRACTS - SALES CONTRACT - BETWEEN A UNITED STATES COMPANY AND A MIDDLE EASTERN GOVERNMENT AGENCY - SILENT AS TO APPLICABLE LAW - INTERPRETED BY ARBITRAL TRIBUNAL AS EXCLUSION OF THE DOMESTIC LAW OF BOTH PARTIES - REFERENCE TO THE UNIDROIT PRINCIPLES AS GENERAL PRINCIPLES AND RULES OF LAW APPLICABLE TO INTERNATIONAL CONTRACTUAL OBLIGATIONS WHICH QUALIFY AS RULES OF LAW AND WHICH HAVE EARNED A WIDE ACCEPTANCE AND INTERNATIONAL CONSENSUS IN THE INTERNATIONAL BUSINESS COMMUNITY

LIMITATION OF CLAIMS - ISSUE NOT EXPRESSLY DEALT WITH IN THE UNIDROIT PRINCIPLES - PARTIES INVITED TO SUBMIT MEMORIALS ON SUBSTANCE HAVING REGARD TO APPLICABLE GENERAL PRINCIPLES OF LAW
Arbitral Award
ICC International Court of Arbitration, Zürich 8486

00-09-1996
SALES CONTRACT - BETWEEN A TURKISH SELLER AND A DUTCH BUYER - GOVERNED BY DOMESTIC LAW (DUTCH LAW) - ARBITRAL TRIBUNAL REFERENCE TO THE UNIDROIT PRINCIPLES AS THE PREVAILING VIEW IN THE FIELD OF INTERNATIONAL COMMERCIAL CONTRACTS

HARDSHIP - FUNDAMENTAL ALTERATION IN ORIGINAL CONTRACTUAL EQUILIBRIUM (ART. 6.258 DUTCH CIVIL CODE) (ART. 6.2.1 UNIDROIT PRINCIPLES)
Arbitral Award
ICC International Court of Arbitration, Paris 8502

00-11-1996
SALES CONTRACT - BETWEEN A VIETNAMESE SELLER AND A DUTCH BUYER - SILENT AS TO APPLICABLE LAW - PARTIES' REFERENCE TO INCOTERMS 1990 AND UCP 500 - ARBITRAL TRIBUNAL'S INFERENCE OF PARTIES' INTENTION THAT CONTRACT BE GOVERNED BY TRADE USAGES AND GENERALLY ACCEPTED PRINCIPLES OF INTERNATIONAL TRADE - REFERENCE TO THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG) AND THE UNIDROIT PRINCIPLES AS EVIDENCING ADMITTED PRACTICES UNDER INTERNATIONAL TRADE LAW

DETERMINATION OF DAMAGES DIFFERENCE BETWEEN CONTRACT PRICE AND MARKET PRICE AT TIME OF TERMINATION (ART. 76 CISG; ART. 7.4.6 UNIDROIT PRINCIPLES)
Arbitral Award
Arbitration Court of the Hungarian Chamber of Commerce and Industry

17-11-1996
SALES CONTRACT - BETWEEN AN AUSTRIAN COMPANY AND AN HUNGARIAN COMPANY

RATE OF INTEREST - STATUTORY RATE OF DEBTOR'S STATE MUCH HIGHER THAN STATUTORY RATE OF STATE OF CURRENCY OF PAYMENT - INFLATION RATE IN THE LATTER STATE MUCH LOWER THAN IN THE FORMER - RATE OF INTEREST OF THE LATTER APPLIED (ART. 7.4.9(2) UNIDROIT PRINCIPLES)
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

20-01-1997
SALES CONTRACT - BETWEEN A RUSSIAN TRADE ORGANIZATION AND A HONG KONG COMPANY - SILENT AS TO APPLICABLE LAW - EXPRESS AUTHORIZATION OF ARBITRAL TRIBUNAL TO APPLY THE UNIDROIT PRINCIPLES

TERMINATION - RIGHT TO TERMINATION OF CONTRACT (ART. 7.3.1 UNIDROIT PRINCIPLES) - RESTITUTION OF GOODS DELIVERED (ART. 7.3.6 UNIDROIT PRINCIPLES)

DAMAGES - RIGHT TO RECOVERY OF DIFFERENCE BETWEEN CONTRACT PRICE AND REPLACEMENT TRANSACTION (ART. 7.4.5 UNIDROIT PRINCIPLES)
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

05-06-1997
SALES CONTRACT - BETWEEN A BULGARIAN PARTY AND A RUSSIAN PARTY - GOVERNED BY CISG – UNIDROIT PRINCIPLES APPLIED AS MEANS TO INTERPRET AND SUPPLEMENT CISG (PREAMBLE OF UNIDROIT PRINCIPLES) – UNIDROIT PRINCIPLES APPLIED AS REFLECTING INTERNATIONAL USAGES (ART. 9(2) CISG)

PENALTY CLAUSE – PAYMENT OF PENALTY FOR DELAY IN PAYMENT OF PRICE – MATTER NOT COVERED BY CISG – RECOURSE TO ART. 7.4.13 UNIDROIT PRINCIPLES

AMOUNT OF PENALTY EXCESSIVE – REDUCTION TO REASONABLE AMOUNT (ART.7.4.13(2) UNIDROIT PRINCIPLES)
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

02-09-1997
SALES CONTRACT - BETWEEN A RUSSIAN PARTY AND AN ESTONIAN PARTY - GOVERNED BY DOMESTIC LAW – REFERENCE TO THE UNIDROIT PRINCIPLES FOR CONFIRMATION AT INTERNATIONAL LEVEL OF SIMILAR RULE PROVIDED FOR BY DOMESTIC LAW

HARM DUE IN PART TO AGGRIEVED PARTY – DAMAGES REDUCED ACCORDINGLY (ART. 7.4.7 UNIDROIT PRINCIPLES)
Arbitral Award
ICC International Court of Arbitration, Zürich 9117

00-03-1998
SALES CONTRACT - BETWEEN A RUSSIAN SELLER AND A CANADIAN BUYER - GOVERNED BY CISG - MATTERS OUTSIDE SCOPE OF CISG GOVERNED BY DOMESTIC LAW (RUSSIAN LAW) - REFERENCE TO UNIDROIT PRINCIPLES AS "THEY ARE SAID TO REFLECT A WORLD-WIDE CONSENSUS IN MOST OF THE BASIC MATTERS OF CONTRACT LAW"

MERGER CLAUSE (ART. 2.17 [ART. 2.1.17 OF THE 2004 EDITION] UNIDROIT PRINCIPLES)

WRITTEN MODIFICATION CLAUSE (ART. 29(2) CISG) (ART. 2.18 [ART. 2.1.18 OF THE 2004 EDITION] UNIDROIT PRINCIPLES)

INTERPRETATION OF CONTRACT ACCORDING TO ESTABLISHED PRACTICE BETWEEN PARTIES (ART. 4.3 UNIDROIT PRINCIPLES)
Arbitral Award
ICC International Court of Arbitration, Lugano 9419

00-09-1998
SALES CONTRACT - BETWEEN A SWISS COMPANY AND A LIECHTENSTEIN IMPORTER - SILENT AS TO APPLICABLE LAW - PARTY'S REQUEST THAT ARBITRAL TRIBUNAL APPLY LEX MERCATORIA AND UNIDROIT PRINCIPLES - EXCLUSION OF UNIDROIT PRINCIPLES (ART. 13(3) ICC RULES) BECAUSE "THEY CANNOT CONSTITUTE A NORMATIVE BODY IN THEMSELVES THAT CAN BE CONSIDERED AS AN APPLICABLE SUPRANATIONAL LAW TO REPLACE A NATIONAL LAW".
Arbitral Award
Ad hoc Arbitration, Rome

04-12-1998
SALES CONTRACT - BETWEEN AN ENGLISH COMPANY AND AN ITALIAN COMPANY - PARTIES' CHOICE OF DOMESTIC LAW (ITALIAN LAW) AS LAW GOVERNING THE CONTRACT - ARBITRAL TRIBUNAL DUTY TO TAKE INTO ACCOUNT TRADE USAGES (ART. 834 ITALIAN CODE OF CIVIL PROCEDURE) REFERENCE TO THE UNIDROIT PRINCIPLES AS A PARAMETER OF THE PRINCIPLES AND USAGES OF INTERNATIONAL TRADE

VALID CONCLUSION OF CONTRACT EVEN WITHOUT ASCERTAINABLE SEQUENCE OF OFFER AND ACCEPTANCE (ARTS. 1.2, 2.1, 2.6, 2.12 [ARTS. 2.1.1, 2.1.6, 2.1.12 OF THE 2004 EDITION] UNIDROIT PRINCIPLES)

AVOIDANCE FOR MISTAKE (ARTS. 3.4 AND 3.5 UNIDROIT PRINCIPLES) OR FRAUD (ART. 3.8 UNIDROIT PRINCIPLES)

GOOD FAITH ART. 1.7 UNIDROIT PRINCIPLES TO CONFIRM DUTY OF THE PARTIES THROUGHOUT THE CONTRACT

DAMAGES REFERENCE TO ARTS. 7.4.1 7.4.5, 7.4.7 7.4.9 AND 7.4.12 UNIDROIT PRINCIPLES IN DETERMINATION OF DAMAGES
Arbitral Award
ICC International Court of Arbitration, Paris 8547

00-01-1999
INTERNATIONAL SALES CONTRACT - GOVERNED BY THE 1964 UNIFORM LAWS ON THE INTERNATIONAL SALE OF GOODS (ULIS) AND ON THE FORMATION OF CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (ULFC) - REFERENCE TO THE UNIDROIT PRINCIPLES AS A MEANS OF SUPPLEMENTING THE TWO INTERNATIONAL UNIFORM LAW INSTRUMENTS

CONTRACT INTERPRETATION – CONTRACT TERMS TO BE INTERPRETED AS TO GIVE EFFECT TO AS MANY OF THEM AS POSSIBLE (UNIDROIT PRINCIPLES, ARTICLE 4.5)

DELIVERY OF NON-CONFORMING GOODS – BUYER’S RIGHT TO STOP PAYMENT OF PRICE - APPLICATION OF GENERAL PRINCIPLE OF A PARTY’S RIGHT TO WITHHOLD PERFORMANCE IN CASE OF NON-PERFORMANCE BY THE OTHER PARTY (UNIDROIT PRINCIPLES, ARTICLE 7.1.3).
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

16-04-1999
SALES CONTRACT - BETWEEN A RUSSIAN PARTY AND AN ENGLISH PARTY - SILENT AS TO THE APPLICABLE LAW – REFERENCE TO UNIDROIT PRINCIPLES AS ONE OF RELEVANT LEGAL SOURCES

INTERPRETATION OF A PARTY’S STATEMENTS AND CONDUCT – MEANING A REASONABLE PERSON OF SAME KIND AS THE OTHER PARTY WOULD GIVE TO IT (ART. 4.2(2) UNIDROIT PRINCIPLES)
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

28-05-1999
SALES CONTRACT - BETWEEN A BELGIAN COMPANY AND A RUSSIAN COMPANY - SILENT AS TO THE APPLICABLE LAW - UNIDROIT PRINCIPLES APPLICABLE ONLY IF AGREED BETWEEN THE PARTIES

PENALTY CLAUSE - PENALTY FOR DELAY IN PAYMENT OF PRICE - PENALTY GROSSLY EXCESSIVE IN RELATION TO HARM SUFFERED BY AGGRIEVED PARTY - REDUCTION BY COURT (ART. 7.4.13(2)UNIDROIT PRINCIPLES)
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

27-07-1999
SALES CONTRACT - BETWEEN A RUSSIAN SELLER AND A SWEDISH BUYER - SILENT AS TO THE APPLICABLE LAW – APPLICATION OF THE UNIDROIT PRINCIPLES CONSIDERED TO REFLECT INTERNATIONAL USAGES

AVOIDANCE OF CONTRACT FOR LACK OF AUTHORITY OF AGENT – NOTICE OF AVOIDANCE TO BE GIVEN WITHIN REASONABLE TIME AFTER AVOIDING PARTY KNEW OR COULD NOT HAVE BEEN UNAWARE OF RELEVANT FACTS (ART. 3.15 UNIDROIT PRINCIPLES)
Arbitral Award
ICC International Court of Arbitration 7819

00-09-1999
INTERNATIONAL SALES CONTRACT - WITHOUT EXPRESS DETERMINATION OF PRICE – VALID IN INTERNATIONAL TRADE PRACTICE (SEE ARTICLE 55 CISG AND ARTICLE 5.7 [ART. 5.1.7 OF THE 2004 EDITION] UNIDROIT PRINCIPLES).
Arbitral Award
International Court of Arbitration of the Chamber of Commerce and Industry of the Republic of Belarus

30-05-2000
SALES CONTRACT - BETWEEN BELORUSSIAN COMPANY AND FRENCH COMPANY - BELORUSSIAN LAW AS GOVERNING LAW - APPLICATION OF THE CISG SINCE PARTIES SITUATED IN TWO CONTRACTING STATES (ART. 1(1)(A) CISG)

RIGHT TO INTEREST - RATE OF INTEREST NOT DETERMINED BY CISG - REFERENCE BY PLAINTIFF TO ART. 7.4.9(2)UNIDROIT PRINCIPLES - COURT DECIDING ACCORDINGLY
Arbitral Award
International Court of Arbitration of the Chamber of Commerce and Industry of the Republic of Belarus

31-05-2000
SALES CONTRACT - BETWEEN BELARUSIAN COMPANY AND FRENCH COMPANY - BELORUSSIAN LAW AS GOVERNING LAW - APPLICATION OF THE CISG SINCE PARTIES SITUATED IN TWO CONTRACTING STATES (ART. 1(1)(A) CISG)

RIGHT TO INTEREST - RATE OF INTEREST NOT DETERMINED BY CISG - PARTIES' REFERENCE TO ART. 7.4.9(2)UNIDROIT PRINCIPLES - COURT DECIDING ACCORDINGLY
Arbitral Award
ICC International Court of Arbitration, Barranquilla (Colombia) 10346

00-12-2000
SALES CONTRACT - BETWEEN TWO COLOMBIAN COMPANIES - GOVERNED BY COLOMBIAN LAW – REFERENCE TO THE UNIDROIT PRINCIPLES TO DEMONSTRATE THAT THE SOLUTION FOUND UNDER DOMESTIC LAW CORRESPONDS TO MODERN INTERNATIONAL COMMERCIAL LAW.

DUTY TO CO-OPERATE (ARTICLE 871 OF THE COMMERCIAL CODE OF COLOMBIA; ARTICLE 5.3 [ART. 5.1.3 OF THE 2004 EDITION] OF THE UNIDROIT PRINCIPLES.

DUTY TO ACT IN GOOD FAITH (ARTICLE 1.7 OF THE UNIDROIT PRINCIPLES).

DAMAGES – COMPENSATION FOR LOSS OF CHANCE (ARTICLE 7.4.3 OF THE UNIDROIT PRINCIPLES).

DAMAGES – DUTY TO MITIGATE LOSSES (ARTICLE 7.4.8 OF THE UNIDROIT PRINCIPLES).

DAMAGES – COMPENSATION LIMITED TO FORESEEABLE LOSSES (ARTICLE 7.4.4 OF THE UNIDROIT PRINCIPLES).
Arbitral Award
Belorussian Chamber of Commerce and Industry International Court of Arbitration

22-12-2000
SALES CONTRACT - BETWEEN A BAHAMIAN COMPANY AND A BELORUSSIAN COMPANY - PARTIES AGREE ON APPLICATION OF BELORUSSIAN LAW - CISG APPLICABLE ACCORDING TO ART. 1(1)(B)

DELAYED PAYMENT OF THE PRICE - SELLER ENTITLED TO INTEREST (ART. 78 CISG) - APPLICABLE RATE TO BE DETERMINED IN ACCORDANCE WITH APPLICABLE DOMESTIC LAW - RATE OF INTEREST DETERMINED BY BELARUS NATIONAL BANK NOT APPLICABLE TO SALE CONTRACT IN DISPUTE

PLAINTIFF INVOKING RATE AS PROVIDED BY ART. 7.4.9 UNIDROIT PRINCIPLES - REQUEST DISMISSED BY ARBITRAL TRIBUNAL ON GROUND THAT UNIDROIT PRINCIPLES APPLY ONLY IF AGREED BETWEEN THE PARTIES
Arbitral Award
ICC International Court of Arbitration 9771

00-01-2001
SALES CONTRACT - BETWEEN AN ITALIAN AND TWO CYPRIOT COMPANIES - DELIVERY OF NON-CONFORMING GOODS - CLAIM FOR DAMAGES INCLUDING INTEREST ON DAMAGES FROM THE TIME OF BREACH - REFERENCE IN CLAIM TO ARTICLE 7.4.10 OF THE UNIDROIT PRINCIPLES

CONTRACT SILENT AS TO THE APPLICABLE LAW - ARBITRAL TRIBUNAL DECIDES IN FAVOUR OF CLAIMANT WITHOUT EXPRESSLY REFERRING TO EITHER A PARTICULAR DOMESTIC LAW OR TO THE UNIDROIT PRINCIPLES
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

25-01-2001
SALES CONTRACT - BETWEEN A RUSSIAN PARTY AND AN ENGLISH PARTY - SILENT AS TO THE APPLICABLE LAW – REFERENCE TO UNIDROIT PRINCIPLES AS ONE OF RELEVANT LEGAL SOURCES

PENALTY CLAUSE – PAYMENT OF PENALTY FOR DELAY IN PAYMENT OF PRICE – PENALTY GROSSLY EXCESSIVE IN RELATION TO HARM SUFFERED BY AGGRIEVED PARTY (ART. 7.4.13(2) UNIDROIT PRINCIPLES)
Arbitral Award
Camera arbitrale nazionale ed internazionale di Milano

28-09-2001
SALES CONTRACT - BETWEEN A CYPRIOT COMPANY AND AN ITALIAN COMPANY – CONTRACT GOVERNED BY CISG (CF. ARTS. 1 (A) AND 10 (A)), SUPPLEMENTED BY RUSSIAN LAW AS THE LAW MOST CLOSELY CONNECTED WITH THE CONTRACT

BUYER’S FAILURE TO SUBMIT DOCUMENTS SELLER NEEDED TO EXPLAIN TO RUSSIAN EXPORT AND EXCHANGE CONTROL AUTHORITIES AN AGREED PRICE REDUCTION AND EXTENDED DATE OF PAYMENT – BREACH OF GENERAL DUTY OF COOPERATION BETWEEN PARTIES – REFERENCE BY ARBITRAL TRIBUNAL TO ART. 5.3 [NOW 5.1.3] OF UNIDROIT PRINCIPLES
Arbitral Award
ICC International Court of Arbitration 11638

00-00-2002
INTERNATIONAL SALES CONTRACT - GOVERNED BY CISG - MATTERS GOVERNED BY THE CONVENTION BUT NOT EXPRESSLY SETTLED BY IT TO BE SETTLED ACCORDING TO GENERAL PRINCIPLES UNDERLYING THE CONVENTION - ONE OF THESE GENERAL PRINCIPLES IS THE NEED TO PROMOTE UNIFORMITY IN APPLYING THE CONVENTION - PRINCIPLE BEST ACHIEVED BY APPLICATION OF UNIDROIT PRINCIPLES

INTERNATIONAL SALES CONTRACT - GOVERNED BY CISG - MATTERS NOT GOVERNED BY THE CONVENTION - TO BE SETTLED BY LAW APPLICABLE ACCORDING TO RELEVANT CONFLICT-OF-LAWS-RULES - ACCORDING TO ARTICLE 17 ICC ARBITRATION RULES APPLICATION OF UNIDROIT PRINCIPLES PREFERABLE TO ANY DOMESTIC LAW
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

06-11-2002
SALES CONTRACT - BETWEEN A RUSSIAN COMPANY AND A CANADIAN COMPANY

INTERPRETATION OF CONTRACTS - APPLICABLE DOMESTIC LAW (RUSSIAN LAW) REFERRING TO "TRADE USAGES" (ARTICLE 431 OF THE RUSSIAN CIVIL CODE) – APPLICATION OF THE UNIDROIT PRINCIPLES AS RULES WIDELY USED IN INTERNATIONAL PRACTICE

LINGUISTIC DISCREPANCIES BETWEEN TWO EQUALLY AUTHORITATIVE LANGUAGE VERSIONS OF THE CONTRACT (ARTICLE 4.7 OF THE UNIDROIT PRINCIPLES)
Arbitral Award
ICC International Court of Arbitration 12097

00-00-2003
SALES CONTRACT - BETWEEN A FINNISH COMPANY AND A FRENCH COMPANY - SILENT AS TO THE APPLICABLE LAW – CISG APPLICABLE ACCORDING TO ARTICLE 1(1)(A) OF THE CONVENTION, THOUGH ONLY WITH RESPECT TO PART I AND III – ARBITRAL TRIBUNAL DECIDES TO APPLY THE UNIDROIT PRINCIPLES WITH RESPECT TO THE FORMATION OF THE CONTRACT AS WELL AS TO OTHER RESPECTS ACCORDING TO ARTICLE 7 AND 9 CISG.
Arbitral Award
ICC International Court of Arbitration 11265

00-00-2003
SALES CONTRACT - BETWEEN A BERMUDIAN COMPANY AND A RWANDESE COMPANY - SILENT AS TO THE APPLICABLE LAW – CONTRACT WITH CONTACTS WITH A NUMBER OF JURISDICTIONS (BERMUDA, FRANCE, RWANDA, TANZANIA) NONE OF WHICH CLOSE ENOUGH TO JUSTIFY APPLICATION OF ANY OF THESE DOMESTIC LAWS – APPLICATION OF ANATIONAL PRINCIPLES AND RULES TO BE PREFERRED – PREFERENCE FOR THE UNIDROIT PRINCIPLES RATHER THAN TO VAGUE PRINCIPLES OF LEX MERCATORIA

INTERPRETATION OF CONTRACT – TO BE DECIDED ACCORDING TO CRITERIA LAID DOWN IN ARTICLE 4.1 – 4.3 OF THE UNIDROIT PRINCIPLES
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
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

04-04-2003
SALES CONTRACT - BETWEEN A RUSSIAN SELLER AND A GERMAN BUYER - GOVERNED BY CISG AND, WITH RESPECT TO ISSUES NOT COVERED BY IT, BY RUSSIAN LAW AS THE LAW OF THE SELLER (ART. 7 CISG IN CONJUNCTION WITH ART. 166 OF THE FUNDAMENTAL PRINCIPLES OF CIVIL LEGISLATION OF 1991)

CONTRACT PROVIDED FOR A PENALTY IN CASE OF DELAYED PAYMENT OF THE PRICE - PENALTY AMOUNTING TO 0.5% OF PRICE FOR EACH DAY OF DELAY - CONSIDERED TO BE MANIFESTLY EXCESSIVE - PENALTY REDUCED BY COURT IN ACCORDANCE WITH CISG, ARTS. 333 AND 394 OF THE RUSSIAN CIVIL CODE AND ART. 7.4.13 OF THE UNIDROIT PRINCIPLES DEFINED AS "A CODE OF THE WELL-ESTABLISHED RULES OF INTERNATIONAL TRADE REFLECTING THE APPROACHES OF THE PRINCIPAL LEGAL SYSTEMS”.
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

06-06-2003
SALES CONTRACT - BETWEEN RUSSIAN SELLER AND SOUTH KOREAN BUYER - GOVERNED BY RUSSIAN LAW - CISG APPLICABLE ACCORDING TO ART. 1(1)(B).

DEFECTIVE GOODS - CLAIM FOR DAMAGES BY BUYER - AMOUNT OF DAMAGES AWARDED REDUCED ON ACCOUNT OF THE FACT THAT HARM WAS DUE IN PART TO BUYER'S CONDUCT - REFERENCE TO ARTS. 74 AND 77 CISG AS WELL AS TO ART. 7.4.7 OF UNIDROIT PRINCIPLES (AS WELL AS RELATIVE COMMENT) WHICH EXPRESSLY ADDRESS THIS SITUATION
Arbitral Award
ICC International Court of Arbitration 12111

03-10-2003
SALES CONTRACT - BETWEEN A ROMANIAN MANUFACTURER AND AN ENGLISH COMPANY - GOVERNED BY UNIDROIT PRINCIPLES - GOODS TO BE DELIVERED DIRECTLY TO BUYER'S CUSTOMERS - GOODS ALLEGEDLY DEFECTIVE - PARTIES' FAILURE TO SETTLE CUSTOMERS' CLAIMS - SALES CONTRACT TERMINATED

DAMAGES - CONTRIBUTION OF AGGRIEVED PARTY TO HARM - APPORTIONMENT OF CONTRIBUTION TO THE HARM - DAMAGES REDUCED (ART. 7.4.7)

INTEREST - TO BE PAID FROM DATE AMOUNT DUE UNTIL FULL PAYMENT MADE (ART. 7.4.9(2))
Arbitral Award
ICC International Court of Arbitration 12460

00-00-2004
INTERNATIONAL SALES CONTRACT - GOVERNED BY CISG – GAPS IN THE CONVENTION TO BE FILLED ON THE BASIS OF THE GENERAL PRINCIPLES UNDERLYING THE CONVENTION - SUCH GENERAL PRINCIPLES ARE CONTAINED AND FURTHER DEVELOPED IN THE UNIDROIT PRINCIPLES
Arbitral Award
ICC International Court of Arbitration 12446

00-00-2004
INTERNATIONAL SALES CONTRACT - GOVERNED BY JAPANESE LAW – ONE PARTY INVOKING APPLICATION OF PROVISIONS ON HARDSHIP CONTAINED IN THE UNIDROIT PRINCIPLES – APPLICATION DENIED AS THE UNIDROIT PRINCIPLES, THOUGH INDICATING “WELL THOUGHT GOOD RULES”, DO NOT REPRESENT “TRADE CUSTOMS OR USAGES PRACTICED WORLDWIDE BY BUSINESS PEOPLE OR BY JAPANESE BUSINESS PEOPLE”
Arbitral Award
ICC International Court of Arbitration 12365

00-00-2004
INTERNATIONAL SALES CONTRACT - GOVERNED BY CISG - DEFENDANT INVOKES APPLICATION OF A PARTICULAR DOMESTIC LAW (DUTCH LAW) AND OF THE UNIDROIT PRINCIPLES TO SUPPLEMENT THE CISG - ARBITRAL TRIBUNAL DID NOT APPLY THE UNIDROIT PRINCIPLES
Arbitral Award
International Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation

19-05-2004
SALES CONTRACT - BETWEEN RUSSIAN BUYER AND INDIAN SELLER - CONTRACT GOVERNED BY CISG - RATE OF INTEREST - ISSUE NOT ADDRESSED IN CISG - TO BE DETERMINED BY APPLICABLE DOMESTIC LAW

ACCORDING TO ART. 395 OF RUSSIAN CIVIL CODE RATE OF INTEREST TO BE DETERMINED IN ACCORDANCE WITH RATE OF BANK INTEREST EXISTING ON THE DAY OF PERFORMANCE OF MONETARY OBLIGATION AT PLACE OF LOCATION OF CREDITOR - NO RATE OF BANK INTEREST FOR INDIAN CURRENCY IN RUSSIAN FEDERATION - REFERENCE TO UNIDROIT PRINCIPLES AS REFLECTING INTERNATIONAL TRADE PRACTICES

ACCORDING TO ART. 7.4.9(2) UNIDROIT PRINCIPLES RATE OF INTEREST SHALL BE AVERAGE BANK SHORT-TERM LENDING RATE TO PRIME BORROWERS PREVAILING FOR CURRENCY OF PAYMENT AT PLACE FOR PAYMENT, OR WHERE NO SUCH RATE EXISTS AT THAT PLACE, THEN SAME RATE IN STATE OF CURRENCY OF PAYMENT - REFERENCE TO RATE INTEREST USED BY CENTRAL BANK OF INDIA
Arbitral Award
China International Economic and Trade Arbitration Commission

00-09-2004
SALES CONTRACT - BETWEEN A SWISS SELLER AND A CHINESE BUYER – SILENT AS TO APPLICABLE LAW – CISG APPLICABLE AS PARTIES SITUATED IN TWO DIFFERENT CONTRACTING STATES – CISG NOT A “COMPLETE CODE” - TO BE APPLIED IN CONJUNCTION WITH OTHERWISE APPLICABLE DOMESTIC LAW (IN THE CASE AT HAND CHINESE LAW AS CHINA BEING THE PLACE OF ARBITRATION)

LIQUIDATED DAMAGES CLAUSES AND PENALTY CLAUSES NOT DEALT WITH BY CISG – GAP CANNOT BE FILLED BY REFERENCE TO ARTICLE 7.4.13 OF THE UNIDROIT PRINCIPLES – RECOURSE TO APPLICABLE DOMESTIC LAW (ARTICLE 114 OF THE CHINESE CONTRACT LAW)

DETERMINATION OF AMOUNT OF DAMAGES PAYABLE BY PARTY IN BREACH – REFERENCE TO ARTICLES 74 AND 76 CISG AND TO ARTICLE 7.4.6 OF THE UNIDROIT PRINCIPLES
Arbitral Award
ICC International Court of Arbitration, Mexico City 12949

07-10-2004
SALES CONTRACT - BETWEEN SOME MEXICAN COMPANIES AND A CANADIAN COMPANY - GOVERNED BY A PARTICULAR DOMESTIC LAW (MEXICAN LAW) - APPLICABILITY OF CISG ACCORDING TO ART. 1(1)(A) OF THE CONVENTION - APPLICABILITY OF UNIDROIT PRINCIPLES AS "A COMPLEMENTARY SET OF RULES IN ACCORDANCE WITH TRADE USAGES" (ART. 17.2 ICC ARBITRATION RULES AND ART. 1445, PAR. 4 MEXICAN COMMERCIAL CODE)


WHEN NO SPECIFIC APPLICATION HAS BEEN AGREED BY THE PARTIES REFERENCE TO THE UNIDROIT PRINCIPLES CANNOT BE CONTRARY TO DEFAULT RUES OF THE APPLICABLE DOMESTIC LAW

UNIDROIT PRINCIPLES AS A VALUABLE INSTRUMENT TO INTERPRET COMMERCIAL OBLIGATIONS AND THE WILL OF THE PARTIES
Arbitral Award
International Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation

12-11-2004
SALES CONTRACT - BETWEEN RUSSIAN SELLER AND HUNGARIAN BUYER - PARTIES CHOOSE RUSSIAN LAW AS THE LAW GOVERNING THEIR CONTRACT - HUNGARIAN BUYER INVOKED ALSO APPLICATION OF THE UNIDROIT PRINCIPLES AS USAGE OF INTERNATIONAL TRADE - RUSSIAN SELLER OBJECTED - ARBITRATION COURT DECIDED NOT TO APPLY THE UNIDROIT PRINCIPLES
Arbitral Award
International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry

22-12-2004
SALES CONTRACT - BETWEEN AN UKRAINIAN SELLER AND A FOREIGN BUYER - CHOICE OF LAW CLAUSE REFERRING TO CISG, LEX MERCATORIA AND UNIDROIT PRINCIPLES AS THE LAW APPLICABLE TO THE CONTRACT - ARBITRAL TRIBUNAL'S DECISION BASED ON UKRAINIAN LAW
Arbitral Award
Netherlands Arbitration Institute

10-02-2005
SALES CONTRACT - BETWEEN DUTCH SELLER AND ITALIAN BUYER - GOVERNED BY CISG – REFERENCE TO UNIDROIT PRINCIPLES DEFINED AS "PRINCIPLES IN THE SENSE OF ARTICLE 7(2) CISG" AND TO PRINCIPLES OF EUROPEAN CONTRACT LAW

APPLICABILITY OF SELLER’S STANDARD TERMS – QUESTION AS TO WHETHER BEFORE OR AT TIME OF CONCLUSION OF CONTRACT BUYER MUST BE GIVEN OPPORTUNITY TO KNOW CONTENT OF SELLER'S STANDARD TERMS NOT EXPRESSLY REGULATED IN CISG - QUESTION LEFT OPEN IN UNIDROIT PRINCIPLES (CF. ARTICLE 2.19 [ART. 2.1.19 OF THE 2004 EDITION] AND COMMENTS AND TO ARTICLE 2.20 [ART. 2.1.20 OF THE 2004 EDITION] – AFFIRMATIVE SOLUTION ADOPTED BY PRINCIPLES OF EUROPEAN CONTRACT LAW (ARTICLE 2:104)
Arbitral Award
China International Economic and Trade Arbitration Commission

02-09-2005
SALES CONTRACT - BETWEEN FRENCH SELLER AND CHINESE BUYER – CISG APPLICABLE ACCORDING TO ARTICLE 1(1)(A) CISG

INTEREST ON DELAYED OR FAILED PAYMENT OF PRICE – ARTICLE 78 CISG SILENT AS TO APPLICABLE RATE – SELLER’S CLAIM TO APPLY RATE ACCORDING TO ARTICLE 7.4.9 UNIDROIT PRINCIPLES “SINCE BOTH CHINA AND FRANCE ARE MEMBER STATES OF THE UNIDROIT PRINCIPLES” – ARGUMENT REJECTED BY ARBITRAL TRIBUNAL BECAUSE “THE PRINCIPLES ARE NEITHER AN INTERNATIONAL CONVENTION NOR DID THE PARTIES STIPULATE THE PRINCIPLES IN THE CONTRACT” – ARBITRAL TRIBUNAL NEVERTHELESS FREE “TO REFER TO THE PRINCIPLES” – INTEREST AWARDED ACCORDING TO SELLER’S ALLEGATION
Arbitral Award
ICC International Court of Arbitration 13009

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

SELLER'S CLAIM THAT IT HAD BEEN FORCED TO AGREE TO SETTLEMENT UNDER ECONOMIC DURESS BASED ON ARTICLES 1.7, 1.9, 3.8 [ART. 3.2.5 OF THE 2010 EDITION], 3.9 [ART. 3.2.6 OF THE 2010 EDITION], 3.10 [ART. 3.2.7 OF THE 2010 EDITION], 5.1.3 AND 5.1.4, AND 7.4.8 OF UNIDROIT PRINCIPLES - ARBITRAL TRIBUNAL DISMISSED ALL SELLER’S CLAIMS ON BASIS OF FACTS
Arbitral Award
Internationales Schiedsgericht der Wirtschaftskammer Österreich

11-05-2006
SALES CONTRACT - BETWEEN AN AUSTRIAN COMPANY AND A EASTERN EUROPEAN COMPANY - PARTIES AGREED ON APPLICATION OF AUSTRIAN LAW INCLUDING CISG AS THE LAW APPLICABLE TO THE SUBSTANCE OF THE DISPUTE

ASSIGNMENT OF CLAIM TO PAYMENT OF PRICE TO FINANCIAL INSTITUTION – OBLIGOR ENTITLED TO RIGHT OF SET-OFF VIS-À-VIS ASSIGNOR UNTIL INFORMED OF ASSIGNMENT (SEE § 1396 OF THE AUSTRIAN CIVIL CODE AS WELL AS ARTICLES 9.1.10(1) AND 9.1.13(2) OF THE UNIDROIT PRINCIPLES 2004 AND ARTICLES 11:303(4) AND 10:107(1) OF THE PRINCIPLES OF EUROPEAN CONTRACT LAW)

THIRD PARTY’S ACCEPTANCE TO BE SUBSTITUTED AS NEW OBLIGOR VIS-À-VIS OBLIGEE – OLD OBLIGOR REMAINS JOINTLY AND SEVERALLY LIABLE UNLESS EXPRESSLY DISCHARGED BY OBLIGEE (SEE § 1406 OF THE AUSTRIAN CIVIL CODE AS WELL AS ARTS. 9.2.1 AND 9.2.5(3) OF THE UNIDROIT PRINCIPLES 2004)

RIGHT TO INTEREST (ART. 78 CISG) – APPLICATION OF STATUTORY RATE CREDITOR'S DOMESTIC LAW – RATE OF 9,47% P.A. AS PROVIDED BY § 1333(2) OF THE AUSTRIAN CIVIL CODE AS AMENDED IN ACCORDANCE WITH THE EC DIRECTIVE 2000/35 ON COMBATING LATE PAYMENT IN COMMERCIAL TRANSACTIONS
Arbitral Award
ICC International Court of Arbitration

09-10-2006
SALES CONTRACT - BETWEEN TWO EUROPEAN COMPANIES - SWISS LAW APPLICABLE - REFERENCE TO UNIDROIT PRINCIPLES TO CONFIRM SOLUTION ADOPTED UNDER SWISS LAW

SELLER'S FAILURE TO PERFORM DUE TO BUYER'S BEHAVIOUR - BUYER MAY NOT RELY ON SELLER'S NON-PERFORMANCE (ARTICLE 7.1.2 UNIDROIT PRINCIPLES)

SELLER'S IMPOSSIBILITY TO PERFORM DUE TO BUYER'S BEHAVIOUR - CONTRACT NOT NULLIFIED (COMMENT 3(A) TO ARTICLE 7.2.2 UNIDROIT PRINCIPLES
Arbitral Award
China International Economic and Trade Arbitration Commission

00-00-2007
SALES CONTRACT - BETWEEN A CHINESE PARTY AND A KOREAN PARTY - UNIDROIT PRINCIPLES QUALIFIED BY THE TRIBUNAL AS USAGES APPLICABLE TO THE EXTENT THAT THE ISSUES AT STAKE ARE NOT COVERED BY THE APPLICABLE DOMESTIC LAW (CHINESE LAW)
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

30-01-2007
SALES CONTRACT - BETWEEN A GERMAN COMPANY AND A RUSSIAN COMPANY - CISG APPLICABLE SINCE PARTIES ARE SITUATED IN DIFFERENT CONTRACTING STATES

BUYER'S CLAIM FOR SPECIFIC PERFORMANCE - REQUIREMENTS FOR SUCH REMEDY NOT SPECIFIED IN EITHER CISG OR RUSSIAN LAW APPLICABLE UNDER ARTICLE 7(2) CISG - RECOURSE TO THE UNIDROIT PRINCIPLES DEFINED AS A SUPPLEMENTARY SOURCE OF RULES OF LAW REFLECTING CONTEMPORARY INTERNATIONAL TRENDS WHICH PROVIDE SOUND SOLUTIONS TO INTERNATIONAL COMMERCIAL DISPUTES

BUYER'S CLAIM FOR SPECIFIC PERFORMANCE - HAS TO BE MADE WITHIN A REASONABLE TIME AFTER THE BUYER BECAME, OR OUGHT TO HAVE BECOME, AWARE OF THE NON-PERFORMANCE (ARTICLE 7.2.2 OF THE UNIDROIT PRINCIPLES)
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

01-02-2007
SALES CONTRACT - BETWEEN AN ESTONIAN COMPANY AND A KAZAKH COMPANY - CONTRACT PROVIDED THAT RUSSIAN LAW WAS THE LAW GOVERNING THE CONTRACT - PARTIES SITUATED IN DIFFERENT CONTRACTING STATES OF CISG - CISG APPLICABLE

DELIVERY OF ONLY PART OF THE GOODS - ADVANCE PAYMENT OF PRICE - RESTITUTION OF PRICE PAID FOR GOODS NOT RECEIVED (ART. 81 CISG) - REFERENCE ALSO TO ARTS. 7.2.1, 7.2.2 AND 1.3 OF UNIDROIT PRINCIPLES
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

27-03-2007
SALES CONTRACT - BETWEEN A BRITISH VIRGIN ISLAND COMPANY AND A RUSSIAN COMPANY - RUSSIAN LAW CHOSEN BY PARTIES AS THE LAW GOVERNING THE CONTRACT

IMPUTATION OF NON-MONETARY OBLIGATIONS (ART. 522 OF THE RUSSIAN CIVIL CODE) - REFERENCE ALSO TO COMMENTS TO ART. 6.1.13 OF THE UNIDROIT PRINCIPLES
Arbitral Award
Foreign Trade Court of Arbitration attached to the Serbian Chamber of Commerce

23-01-2008
SALES CONTRACT - BETWEEN A SERBIAN SELLER AND AN ITALIAN BUYER – PARTIES' CHOICE OF SERBIAN LAW AS THE LAW APPLICABLE TO THE SUBSTANCE OF THE DISPUTE - CISG APPLICABLE ACCORDING TO ITS ART. 1(1)(A) – ARBITRAL TRIBUNAL DECIDES ALSO TO APPLY BOTH THE PRINCIPLES OF EUROPEAN CONTRACT LAW AND THE UNIDROIT PRINCIPLES AS EXPRESSION OF THE TRADE USAGES IT HAD TO TAKE INTO ACCOUNT ACCORDING TO THE RELEVANT ARBITRATION RULES

SELLER’S FAILURE TO DELIVER TOGETHER WITH THE GOODS THE CERTIFICATE OF THEIR ORIGIN AS REQUESTED UNDER THE CONTRACT – AMOUNTS TO A NON-PERFORMANCE (ARTICLES 35(1), 36(1) AND 45(1)(B) CISG))

BUYER’S RIGHT TO DAMAGES FOR THE LOSSES CAUSED BY SELLER’S NON-PERFORMANCE – REFERENCE TO ARTICLE 74 CISG AND TO ARTICLES 9:501 AND 9:502 OF THE PRINCIPLES OF EUROPEAN CONTRACT LAW AND TO ARTICLES 7.4.1 AND 7.4.4 OF THE UNIDROIT PRINCIPLES.

RIGHT TO INTEREST – APPLICABLE RATE – REFERENCE TO METHOD OF CALCULATION INDICATED IN ARTICLES 9:508 OF THE PRINCIPLES OF EUROPEAN CONTRACT LAW AND 7.4.9 OF THE UNIDROIT PRINCIPLES
Arbitral Award
ICC International Court of Arbitration, The Hague 14633

00-05-2008
INTERNATIONAL SALES CONTRACT - CONTAINING A CHOICE OF LAW CLAUSE IN FAVOUR OF CISG AND, FOR ISSUES NOT COVERED BY CISG, IN FAVOUR OF THE UNIDROIT PRINCIPLES

TERMINATION FOR BREACH OF CONTRACT - PAYMENT TO BE "EFFECTED BY IRREVOCABLE L/C ... ACCEPTABLE TO THE SELLER, FULLY WORKABLE" - BUYER'S OBLIGATION TO AMEND THE L/C AT SELLER'S REQUEST - REFUSAL OR NON-TIMELY COMPLIANCE AMOUNTS TO BREACH OF CONTRACTS

BUYER'S REFUSAL TO ARRANGE THE AMENDMENTS REQUESTED BY SELLER - AMOUNTS TO A VIOLATION OF THE DUTY OF GOOD FAITH - REFERENCE TO ART. 1.7 UNIDROIT PRINCIPLES
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

13-05-2008
SALES CONTRACT - BETWEEN RUSSIAN AND CANADIAN COMPANIES - GOVERNED BY CISG

PENALTY FOR FAILURE TO PERFORM CONTRACTUAL OBLIGATIONS - NOT DUE IF FAILURE DUE TO EXEMPTING EVENT ACCORDING TO ARTICLE 79 CISG

INTEREST FOR DELAYED PAYMENT (ARTICLE 78 CISG) - DUE EVEN IF DELAY DUE TO EXEMPTING EVENT - REFERENCE TO ARTICLE 7.4.9 UNIDROIT PRINCIPLES "REFLECTING UNDERSTANDING GENERALLY ACCEPTED IN THE INTERNATIONAL COMMERCIAL PRACTICE"
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

19-12-2008
SALES CONTRACT - PLURALITY OF PARTIES OF DIFFERENT NATIONALITIES (RUSSIAN, ITALIAN, SWISS) - GOVERNED BY CISG

TRANSFER OF OBLIGATION TO PAY THE PRICE FROM ORIGINAL BUYER TO A THIRD PERSON - REFERENCE TO ARTICLE 9.2.1 LIT. A) UNIDROIT PRINCIPLES 2004 REFLECTING A PRACTICE WIDELY USED INTERNATIONAL COMMERCIAL PRACTICE
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

22-12-2008
SALES CONTRACT - BETWEEN A GERMAN COMPANY AND A RUSSIAN COMPANY - CONTRACT GOVERNED BY RUSSIAN LAW

MODIFICATION OF WRITTEN CONTRACT BY AGREEMENT OF THE PARTIES - MUST BE MADE IN WRITING

AGREEMENT THROUGH EXCHANGE OF DOCUMENTS AND ELECTRONIC MESSAGES -REQUIREMENT OF WRITING MET - REFERENCE TO RELEVANT PROVISIONS OF RUSSIAN CIVIL CODE AS WELL AS TO ARTICLE 2.1.1 AND 4.1 TO 4.3 UNIDROIT PRINCIPLES
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

02-06-2009
SALES CONTRACT - BETWEEN RUSSIAN AND CHINESE COMPANY - GOVERNED BY RUSSIAN LAW

REQUEST TO RETURN ADVANCE PAYMENT AND TO REPAY COSTS OF PARTICIPATING IN SETTLEMENT NEGOTIATIONS - ARBITRAL TRIBUNAL, HAVING FOUND NO SPECIFIC REGULATION IN APPLICABLE DOMESTIC LAW ADDRESSING THE ISSUE AT STAKE, REFERRED TO THE UNIDROIT PRINCIPLES AS LEX MERCATORIA IN ORDER TO JUSTIFY THEIR SUBSIDIARY APPLICATION TO RUSSIAN CIVIL LAW - APPLICATION OF ARTICLE 7.4.8 ("MITIGATION OF HARM")
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

04-10-2010
CURRENCY SALES CONTRACT - BETWEEN A CYPRIOT COMPANY AND A MARSHALLESE COMPANY - UNIDROIT PRINCIPLES AS MEANS FOR INTERPRETING APPLICABLE DOMESTIC LAW (ENGLISH LAW)

CURRENCY SALES CONTRACT BETWEEN CYPRIOT COMPANY AND COMPANY FROM THE MARSHALL ISLANDS - ARBITRAL TRIBUNAL APPLIED ENGLISH LAW - REFERENCE ALSO TO ARTICLES 1.7 AND 5.1.3 OF UNIDROIT PRINCIPLES
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

05-07-2011
SALES CONTRACT - BETWEEN TWO RUSSIAN COMPANIES - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING APPLICABLE DOMESTIC LAW (RUSSIAN LAW) - UNIDROIT PRINCIPLES DESIGNED AS "THE RECOMMENDED SOURCE OF RULES GOVERNING GENERAL ISSUES OF PERFORMANCE AND INTERPRETATION OF CONTRACTS OF AN INTERNATIONAL CHARACTER".

"CONTRA PROFERENTEM" RULE - REFERENCE TO ARTICLE 4.6 OF THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

03-02-2012
SALES CONTRACT - BETWEEN A RUSSIAN BUYER AND AN ITALIAN SELLER - GOVERNED BY ITALIAN LAW (INCLUDING CISG) - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING CISG

TERMINATION OF CONTRACT - PARTIAL TERMINATION - REFERENCE TO ARTICLE 7.3.7 OF THE UNIDROIT PRINCIPLES.

TERMINATION OF CONTRACT - CLAIM FOR PENALTY FOR DELAY IN RETURNING THE PAYMENT MADE - REFERENCE TO 7.3.5 OF THE UNIDROIT PRINCIPLES
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

06-02-2013
SALES CONTRACT - BETWEEN RUSSIAN COMPANY AND CHINESE COMPANY - UNIDROIT PRINCIPLES APPLIED BY ARBITRAL TRIBUNAL AS LAW APPLICABLE TO SUBSTANCE OF DISPUTE ON ITS OWN MOTION

FUNDS TRANSFER - TIME AT WHICH OBLIGOR'S OBLIGATION IS DISCHARGED - REFERENCE TO ART. 6.1.8 (2) UNIDROIT PRINCIPLES
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

27-05-2013
SALES CONTRACT - BETWEEN A CYPRIOT COMPANY AND AN UZBEK COMPANY - UNIDROIT PRINCIPLES CHOSEN BY PARTIES AS LAW APPLICABLE TO SUBSTANCE OF DISPUTE - APPLICATION OF ARTICLES 7.2.1. AND 7.4.1. OF THE UNIDROIT PRINCIPLES.
Arbitral Award
International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation

16-07-2013
SALES CONTRACT - BETWEEN A RUSSIAN AND A CHINESE COMPANY - CONTRACT GOVERNED BY THE CISG - ARBITRAL TRIBUNAL APPLIED ALSO RUSSIAN LAW AND THE UNIDROIT PRINCIPLES AS A MEANS FOR SUPPLEMENTING THE CISG

REFERENCE TO ARTICLE 1.7 AND 5.1.3 UNIDROIT PRINCIPLES
Argentina
Cámara de Apelaciones en lo Civil y Comercial de La Matanza, sala II(CCivyComLaMatanza)(SalaII)

28-02-2006
SALES CONTRACT - BETWEEN TWO ARGENTINIAN COMPANIES

REFERENCE TO UNIDROIT PRINCIPLES TO SUPPLEMENT APPLICABLE LAW (ARGENTINIAN LAW)

HARDSHIP – DEVALUATION OF CURRENCY OF CONTRACT PRICE - CONTRACT ADAPTATION – REFERENCE TO ARTICLE 6.2.1 UNIDROIT PRINCIPLES
Argentina
Cámara 6a de Apelaciones en lo Civil y Comercial de Córdoba

14-03-2008
SALES CONTRACT - BETWEEN TWO ARGENTINIAN PARTIES - REFERENCE TO UNIDROIT PRINCIPLES TO SUPPLEMENT APPLICABLE LAW (ARGENTINIAN LAW)

FUNDAMENTAL BREACH - ARTICLE 7.3.1 UNIDROIT PRINCIPLES
Argentina
Cámara Nacional de Apelaciones en lo Comercial

16-10-2013
SALES CONTRACT - BETWEEN A DANISH COMPANY AND AN ARGENTINIAN COMPANY - GOVERNED BY CISG

CALCULATION OF DAMAGES – PRINCIPLE OF FULL COMPENSATION – LOSS SUFFERED – LOSS OF PROFITS – REFERENCE TO ARTS. 7.4.1, 7.4.2, 7.4.4, 7.4.5 AND 7.4.6 UNIDROIT PRINCIPLES IN ORDER TO INTERPRET AND SUPPLEMENT ARTS. 45 (1), 74, 75, 76 OF THE CISG

CALCULATION OF DAMAGES IN CASE OF REPLACEMENT TRANSACTION - IF THERE IS NO EVIDENCE OF THE PRICE OF THE REPLACEMENT TRANSACTION REFERENCE COULD BE MADE TO THE CRITERIA OF CURRENT PRICE OF THE GOODS – USE OF ART 7.4.6 UNIDROIT PRINCIPLES TO SUPPLEMENT ART. 76 CISG
Belarus
Supreme Economic Court of the Republic of Belarus

03-01-2003
SALES CONTRACT - BETWEEN BELORUSSIAN COMPANY AND POLISH COMPANY - BELORUSSIAN LAW AS GOVERNING LAW - APPLICATION OF THE CISG SINCE PARTIES SITUATED IN TWO CONTRACTING STATES (ART. 1(1)(A) CISG)

RIGHT TO INTEREST - RATE OF INTEREST NOT DETERMINED BY CISG - COURT HELD RATE TO BE DETERMINED IN ACCORDANCE WITH "GENERAL RULES OF INTERNATIONAL COMMERCIAL CONTRACTS (UNIDROIT PRINCIPLES)" - REFERENCE TO ART. 7.4.9(2)UNIDROIT PRINCIPLES
Belarus
Supreme Economic Court of the Republic of Belarus

20-05-2003
SALES CONTRACT - BETWEEN A UNITED STATES AND A BELORUSSIAN COMPANY - GOVERNED BY BELORUSSIAN LAW

CISG APPLICABLE SINCE PARTIES SITUATED IN TWO CONTRACTING STATES

NON-PAYMENT OF THE PRICE - SELLER ENTITLED TO INTEREST (ART. 78 CISG) - RATE OF INTEREST DETERMINED ACCORDING TO ART. 7.4.9(2) OF THE UNIDROIT PRINCIPLES
Belarus
Commercial Court of Brest Region

08-11-2006
SALES CONTRACT - BETWEEN BELORUSSIAN COMPANY AND RUSSIAN COMPANY - GOVERNED BY CISG

RATE OF INTEREST TO BE DETERMINED BY APPLICABLE DOMESTIC LAW (BELORUSSIAN LAW) - REFERENCE TO ARTICLE 7.4.9(2) OF THE UNIDROIT PRINCIPLES AS "INTERNATIONAL TRADE USAGES" APPLICABLE ACCORDING TO ART. 1093 (1) OF BELORUSSIAN CIVIL CODE
Belgium
Court of Cassation of Belgium

19-06-2009
SALES CONTRACT - BETWEEN A DUTCH COMPANY AND A FRENCH COMPANY - CONTRACT GOVERNED BY CISG

PRICE OF THE GOODS INCREASED BY 70% OF THE CONTRACT PRICE - SELLER INVOKES HARDSHIP AND REQUESTS RE-NEGOTIATION OF THE CONTRACT PRICE - CISG SILENT ON HARDSHIP - GAP TO BE FILLED IN ACCORDANCE WITH ARTICLE 7(2) CISG - REFERENCE BY THE COURT TO "GENERAL PRINCIPLES GOVERNING THE LAW OF INTERNATIONAL COMMERCE AS LAID DOWN NOTABLY BY THE UNIDROIT PRINCIPLES" - SELLER'S RIGHT TO RE-NEGOTIATION AFFIRMED
Brazil
Tribunal de Justiça do Rio Grande do Sul

04-04-2012
SALES CONTRACT - BETWEEN TWO BRAZILIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (BRAZILIAN LAW)

TERMINATION FOR BREACH OF CONTRACT - ADMISSIBLE ONLY FOR BREACH OF FUNDAMENTAL NATURE (ART. 7.3.1 UNIDROIT PRINCIPLES)
Brazil
Court of Appeal of Rio Grande do Sul

14-02-2017
SALES CONTRACT - BETWEEN DANISH COMPANY AND BRAZILIAN COMPANY - GOVERNING LAW ACCORDING TO ARTICLE 9(2) OF THE INTRODUCTORY LAW TO BRAZILIAN CIVIL CODE - DANISH LAW AS THE LAW OF THE PLACE OF THE CONCLUSION OF THE CONTRACT - IF CONTRACT PLURI-CONNECTED TRADITIONAL LOCI CELEBRATIONIS RULE TO BE DISREGARDED IN FAVOR OF A MORE FLEXIBLE APPROACH - APPLICATION OF THE CISG AND THE UNIDROIT PRINCIPLES AS AN EXPRESSION OF THE “NEW LEX MERCATORIA”.

INTERNATIONAL COMMERCIAL CONTRACTS NO PARTICULAR FORM REQUIRED - REFERENCE TO ARTICLES 11 CISG AND 1.2 UNIDROIT PRINCIPLES

TERMINATION OF CONTRACT FOR NON DELIVERY - REFERENCE TO ARTICLE 49 CISG AND TO GENERAL PRINCIPLE OF GOOD FAITH IN CONTRACT PERFORMANCE AS STATED IN ARTICLES 1.7 UNIDROIT PRINCIPLES AND 7(1) CISG
Brazil
Court of Appeal State of Rio Grande do Sul

30-03-2017
SALES CONTRACT – BETWEEN A VENEZUELAN COMPANY AND A BRAZILIAN COMPANY - PLACE OF CONCLUSION OF CONTRACT NOT CERTAIN AND THEREFORE NOT AVAILABLE AS CONNECTING FACTOR - IN ACCORDANCE WITH THE “PRINCIPLE OF PROXIMITY” OR “THE MOST SIGNIFICANT RELATIONSHIP RULE” - COURT DECIDES TO APPLY THE CISG AND, WITH RESPECT TO MATTERS NOT GOVERNED BY CISG SUCH AS CONTRACT VALIDITY, THE UNIDROIT PRINCIPLES

PAYMENT OF THE PURCHASE PRICE MADE TWICE DUE TO DOMESTIC IMPORT-EXPORT AND EXCHANGE REGULATIONS – CLAIM FOR RESTITUTION – ALLEDGED ILLEGALITY OF FIRST PAYMENT MADE IN VIOLATION OF EXCHANGE REGULATIONS – OBJECTION REJECTED BECAUSE VIOLATION NOT NECESSARILY FALLING WITHIN SCOPE OF ART. 3.3.1 UNIDROIT PRINCIPLES - IN ANY CASE RESTITUTION REASONABLE UNDER THE CIRCUMSTANCES IN ACCORDANCE OF ART. 3.3.2 UNIDROIT PRINCIPLES
China
Xiamen Intermediate People’s Court

14-12-2004
SALES CONTRACT - BETWEEN A SWISS COMPANY AND A CHINESE COMPANY - CHOICE OF LAWS CLAUSE REFERRING TO CISG AND, FOR ISSUES NOT COVERED BY CISG, TO THE UNIDROIT PRINCIPLES
China
Beijing Haidian District People’s Court

28-06-2007
SALES CONTRACT - BETWEEN TWO CHINESE COMPANIES - GOVERNED BY CHINESE LAW

'COMMENTS' BY CHINESE JUDGES ON THEIR DECISIONS - NOT LEGALLY BINDING - SELLER’S RIGHT TO WITHHOLD PERFORMANCE IN CASE OF BUYER’S NON-PERFORMANCE - REFERENCE IN THE COMMENTS TO ARTICLE 7.1.3 UNIDROIT PRINCIPLES IN A "COMMENT" CO-AUTHORED BY MEMBER OF THE COURT
China
Shaoguan Interm. People’s Court

05-09-2014
SALES CONTRACT - BETWEEN A SWISS COMPANY AND A CHINESE COMPANY - CHOICE-OF-LAW CLAUSE IN FAVOUR OF THE UNIDROIT PRINCIPLES (2004 EDITION)
France
Cour d'appel de Grenoble

23-10-1996
SALES CONTRACT - BETWEEN A GERMAN SELLER AND A FRENCH BUYER - GOVERNED BY CISG

JURISDICTION - 1968 BRUSSELS CONVENTION - BUYER'S CLAIM FOR RESTITUTION OF PRICE PAID IN EXCESS - JURISDICTION OF COURT OF THE BUYER'S PLACE OF BUSINESS

PLACE OF PAYMENT OF PRICE - SELLER'S PLACE OF BUSINESS (ART. 57(1)(A) CISG) - EXPRESSION OF A GENERAL PRINCIPLE UNDERLYING CISG PURSUANT TO WHICH OBLIGATIONS TO PAY MUST BE PERFORMED AT THE PLACE OF BUSINESS OF THE CREDITOR - REFERENCE TO THE SAME GENERAL PRINCIPLE CONTAINED IN ART. 6.1.6 UNIDROIT PRINCIPLES

PLACE OF PERFORMANCE OF THE OBLIGATION TO REIMBURSE THE PRICE PAID IN EXCESS - BUYER'S PLACE OF BUSINESS
France
Cour d'Appel de Reims

04-09-2012
SALES CONTRACT - BETWEEN FRENCH COMPANY AND POLISH COMPANY - DELIVERY OF GOODS IN INSTALLMENTS – CONTRACT GOVERNED BY CISG

SELLER INVOKING HARDSHIP DUE TO SUBSTANTIAL PRICE INCREASE OF RAW MATERIALS – REQUEST FOR RENEGOTIATION OF PRICE BASED ON ARTICLES 6.2.2 AND 6.2.3 OF UNIDROIT PRINCIPLES

BUYER OBJECTING TO APPLICABILITY OF UNIDROIT PRINCIPLES AS NOT BEING TRADE USAGES UNDER ART. 9 CISG

REFERENCE BY COURT TO UNIDROIT PRINCIPLES, DEFINED “A CODE OF INTERNATIONAL CONTRACTS PROPOSED BY AN INTERNATIONAL ORGANIZATION OF WHICH BOTH FRANCE AND POLAND WERE MEMBERS”, AS MEANS OF INTERPRETING AND SUPPLEMENTING CISG ACCORDING TO ARTICLE 7 CISG

HARDSHIP - REFERENCE BY COURT TO ARTICLES 6.2.2 AND 6.2.3 OF UNIDROIT PRINCIPLES - SELLER FAILED TO PROVE THAT INCREASE IN COST OF PERFORMANCE OF ITS CONTRACTUAL OBLIGATIONS PROFOUNDLY ALTERED BALANCE OF THE CONTRACT - HARDSHIP EXCLUDED
France
Cour de Cassation

17-02-2015
SALES CONTRACT - BETWEEN A FRENCH COMPANY AND A POLISH COMPANY - DELIVERY OF GOODS IN INSTALLMENTS – CONTRACT GOVERNED BY CISG

SELLER INVOKING HARDSHIP DUE TO SUBSTANTIAL PRICE INCREASE OF RAW MATERIALS – REQUEST FOR RENEGOTIATION OF PRICE BASED ON ARTICLES 6.2.2 AND 6.2.3 OF UNIDROIT PRINCIPLES

BUYER OBJECTING TO APPLICABILITY OF UNIDROIT PRINCIPLES AS NOT BEING TRADE USAGES UNDER ART. 9 CISG

HARDSHIP - COURT OF CASSATION UPHOLDING THE DECISION OF THE COURT OF APPEAL AND EXCLUDING HARDSHIP AS SELLER HAD FAILED TO PROVE THAT INCREASE IN COST OF PERFORMANCE OF ITS CONTRACTUAL OBLIGATIONS PROFOUNDLY ALTERED BALANCE OF THE CONTRACT - COURT OF CASSATION IMPLICITLY ADOPTING THE CONCLUSIONS OF THE COURT OF APPEAL THAT HARDSHIP FALLS WITHIN THE CISG AND THAT THE UNIDROIT PRINCIPLES DEFINE HARDSHIP'S SCOPE AND CONSEQUENCES
India
High Court of Delhi

21-08-2006
SALES CONTRACT - BETWEEN TWO INDIAN COMPANIES - REFERENCE TO THE UNIDROIT PRINCIPLES TO CONFIRM THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (INDIAN LAW)

CONTRACT INTERPRETATION - INDIVIDUAL TERMS TO BE INTERPRETED IN THE LIGHT OF THE WHOLE CONTRACT (ARTICLE 4.4 UNIDROIT PRINCIPLES) - INDIVIDUAL TERMS TO BE INTERPRETED SO AS TO GIVE EFFECT TO ALL OF THEM RATHER THAN TO DEPRIVE SOME OF THEM OF EFFECTS (ARTICLE 4.5)
India
High Court of Delhi

20-08-2008
SALES CONTRACT - BETWEEN TWO INDIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF SOLUTION ADOPTED UNDER INDIAN LAW

INTERPRETATION OF WRITTEN CONTRACT - TO BE MADE IN ACCORDANCE WITH THE INTENTION OF THE PARTIES AS EXPRESSED IN THE CONTRACT - EVIDENCE THAT THE PARTIES' INTENTION WAS DIFFERENT ADMISSIBLE ONLY WHERE THE EXPRESS TERMS OF THE CONTRACT ARE UNCLEAR OR AMBIGUOUS - REFERENCE TO ARTICLE 4.1 UNIDROIT PRINCIPLES
Italy
Tribunale Padova - Sez. Este

10-01-2006
SALES CONTRACT - BETWEEN AN ITALIAN MANUFACTURER AND AN ENGLISH DISTRIBUTOR

JURISDICTION - EUROPEAN COUNCIL REGULATION NO. 44/2001 ON JURISDICTION AND RECOGNITION AND ENFORCEMENT OF JUDGEMENTS IN CIVIL AND COMMERCIAL MATTERS - JURISDICTION OF COURT FOR PLACE OF PERFORMANCE

NEED FOR AN AUTONOMOUS INTERPRETATION OF REGULATION - RECOURSE TO CISG IN VIEW OF ITS LARGE CONSENSUS WORLDWIDE AND ITS IMPORTANCE AS MODEL FOR OTHER INSTRUMENTS ADOPTED AT EUROPEAN LEVEL

NOTION OF "CONTRACT OF SALE" UNDER THE REGULATION (ART. 1(1)(B)) - DEFINED ACCORDING TO CISG

NOTION OF "PLACE OF DELIVERY" UNDER THE REGULATION (ART. 5 (1)(B)) - RECOURSE TO ART. 31(A) CISG - SOLUTION CONFIRMED BY OTHER "AUTONOMOUS" INTERNATIONAL INSTRUMENTS SUCH AS UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS (SEE ART. 6.1.6(1)(B)) AND PRINCIPLES OF EUROPEAN CONTRACT LAW (SEE ART. 7:101(1)(B))
Italy
Corte di Cassazione Sez. Unite

05-10-2009
SALES CONTRACT - BETWEN AN ITALIAN SELLER AND A GERMAN BUYER - REFERENCE TO UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING INTERNATIONAL UNIFORM LAW INSTRUMENTS (EUROPEAN COUNCIL REGULATION NO. 44/2001 ON JURISDICTION AND RECOGNITION AND ENFORCEMENT OF JUDGEMENTS IN CIVIL AND COMMERCIAL MATTERS)

ARTICLE 5 (1)(B) OF THE REGULATION ESTABLISHING JURISDICTION OF COURTS FOR "PLACE OF DELIVERY OF THE GOODS" - TO BE UNDERSTOOD AS PLACE OF ULTIMATE DESTINATION AND NOT AS PLACE WHERE GOODS ARE HANDED OVER TO THE FIRST CARRIER AS PROVIDED IN CISG AND THE UNIDROIT PRINCIPLES
Italy
Tribunale di Varese (Sezione distaccata di Luino)

05-01-2012
SALES CONTRACT - BETWEEN AN ITALIAN CONSTRUCTION COMPANY AND SOME ITALIAN INDIVIDUALS - UNIDROIT PRINCIPLES AS MEANS FOR INTERPRETING APPLICABLE DOMESTIC LAW (ITALIAN LAW)

PROHIBITION OF INCONSISTENT BEHAVIOUR - REFERENCE TO ARTICLE 1.8 UNIDROIT PRINCIPLES
Lithuania
Supreme Court of Lithuania

06-11-2006
SALES CONTRACT - BETWEEN TWO LITHUANIAN PARTIES - GOVERNED BY LITHUANIAN LAW - REFERENCE TO THE UNIDROIT PRINCIPLES AND THE PRINCIPLES OF EUROPEAN CONTRACT LAW TO INTERPRET APPLICABLE DOMESTIC LAW (LITHUANIAN LAW)

PRELIMINARY CONTRACT - REFUSAL BY ONE OF THE PARTIES TO EXECUTE THE FINAL CONTRACT - PARTY LIABLE FOR DAMAGES COVERING NEGOTIATION EXPENSES AND THE LOST OPPORTUNITY (ARTICLE 6.165 PARA.4 OF THE LITHUANIAN CIVIL CODE; REFERENCE TO COMMENT 2 TO ARTICLE 2.13 (NOW ARTICLE 2.1.13) ("CONCLUSION OF CONTRACT DEPENDENT ON AGREEMENT ON SPECIFIC MATTERS OR IN A SPECIFIC FORM") AND TO COMMENTS TO ARTICLE 2.15 (NOW ARTICLE 2.1.15) ("NEGOTIATIONS IN BAD FAITH") OF THE UNIDROIT PRINCIPLES, AS WELL AS TO ARTICLE 3.301(2) AND (3) OF THE EUROPEAN PRINCIPLES).
Lithuania
Supreme Court of Lithuania

16-05-2013
ADMINISTRATIVE CONTRACTS - SALES CONTRACT - BETWEEN THE LITHUANIAN ARMY AND A LITHUANIAN COMPANY - REFERENCE TO UNIDROIT PRINCIPLES AS MEANS OF INTERPRETING APPLICABLE DOMESTIC LAW (LITHUANIAN LAW)

REPLACEMENT TRANSACTION - REFERENCE TO ARTICLE 7.4.5 OF UNIDROIT PRINCIPLES AS MEANS TO INTERPRET ARTICLE 6.258 OF THE LITHUANIAN CIVIL CODE
Lithuania
Supreme Court of Lithuania

04-02-2015
SALES CONTRACT - BETWEEN TWO LITHUANIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES TO CONFIRM THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (LITHUANIAN LAW).

FORCE MAJEURE - EXEMPTION FROM LIABILITY FOR NON-PERFORMANCE - ARTICLE - REFERENCE TO ARTICLE 6.212 OF THE LITHUANIAN CIVIL CODE AND TO ARTICLE 7.1.7 OF THE UNIDROIT PRINCIPLES

FORCE MAJEURE - IMPORT PROHIBITION
Netherlands
Rechtbank Zwolle

05-03-1997
SALES CONTRACT - BETWEEN A FRENCH SELLER AND A DUTCH BUYER - GOVERNED BY 1980 VIENNA CONVENTION (CISG) - FRENCH LAW APPLICABLE UNDER ARTICLE 7(2) CISG - REFERENCE TO UNIDROIT PRINCIPLES

GOOD FAITH - NOTICE OF LACK OF CONFORMITY TO BE GIVEN "WITHIN A REASONABLE TIME AFTER IT […] OUGHT TO HAVE [BEEN] DISCOVERED […]" (CISG ARTICLE 39(1)) - APPLICATION OF UNIDROIT PRINCIPLES (AS WELL AS CISG ARTICLE 7(1)) ADOPTING BROADER CONCEPT OF GOOD FAITH THAN FRENCH LAW
Netherlands
Gerechtshof's Hertogenbosch

16-10-2002
SALES CONTRACT - BETWEEN A FRENCH SELLER AND A DUTCH BUYER - GOVERNED BY CISG

INTERPRETATION OF CISG – REGARD TO INTERNATIONAL ORIGIN OF THE CONVENTION AND NEED OF ITS UNIFORM APPLICATION (ARTICLE 7 CISG) – REGARD TO COMMON PRINCIPLES OF CONTRACTING STATES – REFERENCE TO UNIDROIT PRINCIPLES AND TO PRINCIPLES OF EUROPEAN CONTRACT LAW

APPLICABILITY OF SELLER’S STANDARD TERMS – TRADE USAGE (ARTICLE 9(2) CISG))

INCORPORATION OF SELLER’S STANDARD TERMS INTO CONTRACT - APPLICATION OF GENERAL RULES ON OFFER AND ACCEPTANCE (ARTICLE 18 CISG) - REFERENCE TO STANDARD TERMS IN OFFER NECESSARY

QUESTION AS TO WHETHER BEFORE OR AT TIME OF CONCLUSION OF CONTRACT BUYER MUST BE GIVEN OPPORTUNITY TO KNOW CONTENT OF SELLER'S STANDARD TERMS NOT EXPRESSLY REGULATED IN CISG - QUESTION LEFT OPEN IN UNIDROIT PRINCIPLES (CF. COMMENTS TO ARTICLE 2.20[ART. 2.1.20 OF THE 2004 EDITION]) – AFFIRMATIVE SOLUTION ADOPTED BY PRINCIPLES OF EUROPEAN CONTRACT LAW (ARTICLE 2.104) – SAME SOLUTION TO BE ADOPTED UNDER CISG AS IT PROMOTES GOOD FAITH IN INTERNATIONAL TRADE AND REFLECTS DOMESTIC LAW OF BOTH SELLER’S AND BUYER’S COUNTRIES (FRANCE AND THE NETHERLANDS)
Netherlands
Hoge Raad

21-09-2007
SALES CONTRACT - BETWEEN TWO DUTCH PARTIES - REFERENCE TO PRINCIPLES OF EUROPEAN CONTRACT LAW AND TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (DUTCH LAW)

STANDARD TERMS - EXEMPTION CLAUSE - WHETHER OR NOT BINDING ON ADHERING PARTY (ARTICLE 6:233(B) DUTCH CIVIL CODE; ARTICLE 2:204(2) OF THE PRINCIPLES OF EUROPEAN CONTRACT LAW AND ARTICLE 2.1.20(1) OF THE UNIDROIT PRINCIPLES)
Netherlands
Hoge Raad

11-07-2008
SALES CONTRACT - BETWEEN TWO DUTCH COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF SOLUTION ADOPTED UNDER THE APPLICABLE DOMESTIC LAW (DUTCH LAW)

ADMISSIBILITY OF EXEMPTION CLAUSES - REFERENCE TO ARTICLE 7.1.6 UNIDROIT PRINCIPLES AND COMMENTS THERETO AS WELL AS TO ARTICLE 8:109 PRINCIPLES OF EUROPEAN CONTRACT LAW
Netherlands
Hoge Raad

08-07-2011
SALES CONTRACT - BETWEEN TWO DUTCH COMPANIES - REFERENCE TO THE UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING THE APPLICABLE DOMESTIC LAW (DUTCH LAW)

TERMINATION OF CONTRACT BY MERE NOTICE - TERMINATION NOT PRECLUSIVE OF RIGHT TO DAMAGES - REFERENCE TO ARTICLES 45, 61 AND 49, 64 CISG, ARTICLES 8:102 AND 9:303 OF THE PRINCIPLES OF EUROPEAN CONTRACT LAW (PECL), ARTICLES III-3:102 AND III-3:507 OF THE DRAFT COMMON FRAME OF REFERENCE (DCFR) AND TO ARTICLES 7.4.1 AND 7.3.2 OF THE UNIDROIT PRINCIPLES
Paraguay
Tribunal de Apelación en lo Civil y Comercial de Asunción

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

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

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

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

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

DUTY OF COOPERATION IN THE COURSE OF PERFORMANCE, ENCOMPASSED WITHIN THE GOOD FAITH PRINCIPLE – REFERENCE TO ART. 5.1.3 UNIDROIT PRINCIPLES
Paraguay
Tribunal de Apelación en lo Civil y Comercial de Asunción

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

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

GROSS DISPARITY - CLAIMANT MUST PROVE ITS LACK OF EXPERIENCE
Paraguay
Tribunal de Apelación en lo Civil y Comercial de Asunción, Sala 6

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

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

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

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

DUTY OF COOPERATION IN THE COURSE OF PERFORMANCE - REFERENCE TO ART. 5.1.3 UNIDROIT PRINCIPLES IN SUPPORT OF A CORRESPONDING UNWRITTEN GENERAL PRINCIPLE ALSO UNDER THE LAW OF PARAGUAY
Portugal
Tribunal da Relação do Porto

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

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

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

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

30-11-2007
SALES CONTRACT - BETWEEN A RUSSIAN COMPANY AND A KOREAN COMPANY - UNIDROIT PRINCIPLES APPLIED AS MEANS OF INTERPRETING DOMESTIC LAW (RUSSIAN LAW)

USAGES WIDELY KNOWN AND REGULARLY OBSERVED IN INTERNATIONAL TRADE - REFERENCE BY ONE OF THE PARTIES TO ARTICLE 1.9 OF THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS

CONTRACT CONCLUDED BY SEQUENCE OF OFFER AND ACCEPTANCE OR PARTIES' CONDUCT SUFFICIENT TO SHOW AGREEMENT - REFERENCE BY ONE OF THE PARTIES TO ARTICLE 2.1.1 OF THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS
Russian Federation
Second circuit Arbitrazh Court of Appeal

24-08-2009
SALES CONTRACT - BETWEEN TWO RUSSIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING OR SUPPLEMENTING APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

SUPERVENING FINANCIAL CRISIS IMPEDING BUYER FROM PAYING THE PRICE - DOES NOT AMOUNT TO FORCE MAJEURE BECAUSE NOT AN UNAVOIDABLE EVENT - REFERENCE TO ARTICLE 7.1.7 UNIDROIT PRINCIPLES
Russian Federation
Second circuit Arbitrazh Court of Appeal

15-09-2009
SALES CONTRACT - BETWEEN TWO RUSSIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING OR SUPPLEMENTING APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

SUPERVENING FINANCIAL CRISIS IMPEDING BUYER FROM PAYING THE PRICE - DOES NOT AMOUNT TO FORCE MAJEURE BECAUSE NOT AN UNAVOIDABLE EVENT - REFERENCE TO ARTICLE 7.1.7 UNIDROIT PRINCIPLES
Russian Federation
Second circuit Arbitrazh Court of Appeal

16-09-2009
SALES 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
Second circuit Arbitrazh Court of Appeal

22-12-2009
SALES CONTRACT - BETWEEN TWO RUSSIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING OR SUPPLEMENTING APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

SUPERVENING FINANCIAL CRISIS IMPEDING BUYER FROM PAYING THE PRICE - DOES NOT AMOUNT TO FORCE MAJEURE BECAUSE NOT AN UNAVOIDABLE EVENT - REFERENCE TO ARTICLE 7.1.7 UNIDROIT PRINCIPLES
Russian Federation
Arbitrazh Court of Saint Petersburg and Leningrad area

29-04-2011
SALES CONTRACT - BETWEEN TWO RUSSIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES AND OTHER INTERNATIONAL AND FOREIGN LEGAL SOURCES TO SUPPLEMENT APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

IMPUTATION OF PAYMENTS - REFERENCE, AMONG OTHERS, TO ARTICLES 6.12 (1) OF UNIDROIT PRINCIPLES AND 7:109 (4)OF PRINCIPLES OF EUROPEAN CONTRACT LAW
Russian Federation
Federal Arbitrazh Court of the North-West district

12-12-2011
SALES CONTRACT - BETWEEN A RUSSIAN COMPANY AND A GERMAN COMPANY - REFERENCE TO UNIDROIT PRINCIPLES TO CONFIRM THE SOLUTION PROVIDED BY APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

RIGHT TO DAMAGES FOR BREACH OF CONTRACT - REFERENCE TO ARTICLE 7.4.1 UNIDROIT PRINCIPLES AND TO ARTICLES 45 AND 61 OF THE CISG IN SUPPORT OF ARTICLE 309 OF THE CIVIL CODE OF THE RUSSIAN FEDERATION
Russian Federation
Arbitrazh Court of Kaliningrad region

15-12-2011
SALES CONTRACT - BETWEEN A RUSSIAN BUSINESS PERSON AND A RUSSIAN COMPANY - REFERENCE TO THE CISG AND TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

CLAIM FOR DAMAGES - REFERENCE TO ARTS. 45 AND 61 OF CISG AND 7.4.1 UNIDROIT PRINCIPLES DEFINED AS THE MOST MODERN INTERNATIONAL APPROACHES TO THE MATTER
Russian Federation
Sixth circuit Arbitrazh Court of Appeal

05-06-2012
SALES CONTRACT - BETWEEN A RUSSIAN COMPANY AND A CHINESE COMPANY - UNIDROIT PRINCIPLES AS A MEANS FOR INTERPRETING APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

CONTRACT INDICATING DOCUMENTS NECESSARY FOR DELIVERY OF GOODS - CUSTOM AUTHORITY REQUESTING ADDITIONAL DOCUMENTS AND IN THE ABSENCE OF SUCH DOCUMENTS DETERMINING EX OFFICIO HIGHER PRICE FOR PAYMENT OF CUSTOM DUTIES PURPOSES THAN THAT AGREED BETWEEN THE PARTIES IN THEIR CONTRACT - CUSTOM AUTHORITY´S DETERMINATION ILLEGAL - REFERENCE TO ART. 65 OF THE CUSTOMS CODE OF THE RUSSIAN FEDERATION AND TO ART. 1.1 OF THE UNIDROIT PRINCIPLES
Russian Federation
Arbitrazh court of Kostroma region

25-07-2012
SALES CONTRACT - BETWEEN TWO RUSSIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

DAMAGES - AMOUNT OF HARM NOT DETERMINABLE WITH CERTAINTY - DISCRETIONARY DETERIMNATION BY COURT - REFERENCE TO ARTICLE 7.4.3 (3) UNIDROIT PRINCIPLES
Russian Federation
Arbitrazh Court of Tyumen region

07-08-2012
SALES CONTRACT - BETWEEN A RUSSIAN BUSINESS PERSON AND A COMPANY OF HONG KONG - CHOICE BY PARTIES OF UNIDROIT PRINCIPLES AS GOVERNING LAW

TERMINATION OF CONTRACT FOR NON-PERFORMANCE - ARTICLES 7.3.1 AND 7.3.6 OF UNIDROIT PRINCIPLES APPLIED
Russian Federation
Arbitrazh Court of Khabarovsk area

25-12-2012
SALES CONTRACT - BETWEEN A RUSSIAN COMPANY AND AN HONG KONG COMPANY - UNIDROIT PRINCIPLES AS MEANS FOR INTERPRETING APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

FREEDOM OF THE PARTIES TO AGREE ON THE PRICE - REFERENCE TO EXISTING RUSSIAN REGULATION, TO GATT AND TO ARTICLE 1.1 UNIDROIT PRINCIPLES
Russian Federation
Fourth circuit Arbitrazh Court of Appeal

08-04-2013
SALES CONTRACT - BETWEEN RUSSIAN AND CHINESE COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES AS MEANS FOR INTERPRETING APPLICABLE DOMESTIC LAW (RUSSIAN LAW)

PARTIES FREE TO DETERMINE CONTENT OF CONTRACT - REFERENCE TO ARTICLE 1.1. UNIDROIT PRINCIPLES
Spain
Tribunal Supremo (Sala de lo Civil)

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

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

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

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

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

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

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

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

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

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

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

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

TERMINATION OF CONTRACT - FUNDAMENTAL NON-PERFORMANCE (ARTICLE 7.3.1)
Spain
Audiencia Provincial de Cádiz (Sección 2ª)

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

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

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

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

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

BUYER'S FAILURE TO PAY THE REMAINDER OF THE PRICE - DOES NOT AMOUNT TO A FUNDAMENTAL BREACH
Spain
Audiencia Provincial de Murcia (Sección 1)

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

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

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

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

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

HARDSHIP - REFERENCE TO UNIDROIT PRINCIPLES TO OVERRULE PREEXISTENT SPANISH LAW

HARDSHIP – 2008 SPANISH ECONOMIC CRISIS - CANNOT IN ITSELF REPRESENT A FUNDAMENTAL CHANGE OF CIRCUMSTANCES
Ukraine
Kharkiv Regional Commercial Court

23-03-2009
SALES CONTRACT - BETWEEN TWO UKRAINIAN COMPANIES

UNIDROIT PRINCIPLES APPLIED BEFORE UKRAINAIN COURTS AS A MEANS OF INTERPRETING AND SUPPLEMENTING THE APPLICABLE DOMESTIC LAW (UKRAINIAN LAW)

MODIFICATION OF TERMS OF THE CONTRACT BY MERE CONDUCT OF PARTIES - REFERENCE TO ARTICLE 2.1.1 UNIDROIT PRINCIPLES.
Ukraine
High Commercial Court of Ukraine

30-11-2010
SALES CONTRACT - BETWEEN A RUSSIAN BUYER AND UKRAINIAN SELLER - UKRAINIAN LAW CHOSEN AS THE LAW GOVERNING THE CONTRACT - RELEVANCE OF THE UNIDROIT PRINCIPLES AS EXPRESSION OF INTERNATIONAL TRADE CUSTOM AS LONG AS THEY DO NOT CONFLICT WITH APPLICABLE LAW

REFUSAL BY RUSSIAN AUTHORITIES TO GRANT REQUESTED IMPORT LICENCE - BUYER PREVENTED TO TAKE DELIVERY OF THE GOODS - TERMINATION OF CONTRACT DUE TO FORCE MAJEURE - REFERENCE TO ARTICLES 1.7 (1); 3.15(1); 6.1.14, 6.1.15 AND 6.1.16(1); 7.1.7(1) OF UNIDROIT PRINCIPLES (1994 EDITION).


PLEASE NOTE THAT THE 1994 EDITION OF THE PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS IS OFFICIALLY CONSIDERED AS ONE OF THE DOCUMENTS THAT ENSHRINES THE TRADE CUSTOMS APPLIED IN UKRAINE.(SEE PART 2, PARA. 6, PAGE 3 OF THE EXPLANATORY NOTE OF THE HIGH COMMERCIAL COURT OF UKRAINE NO. 01-8/211 FROM 07.04.2008).
Ukraine
Kyiv Commercial Court of Appeal

16-06-2011
SALES CONTRACT - BETWEEN TWO UKRAINIAN COMPANIES - UNIDROIT PRINCIPLES SETTING FORTH GENERAL RULES OF INTERNATIONAL COMMERCIAL CONTRACTS - NOT APPLICABLE TO DOMESTIC CONTRACTS
Ukraine
Zaporizkyi Regional Administrative Court

10-04-2012
SALES CONTRACT – PLURALITY OF PARTIES OF DIFFERENT NATIONALITIES (UKRAINIAN, TURKISH, IRANIAN) - DISPUTE WITH THE UKRAINIAN TAX AUTHORITY - UNIDROIT PRINCIPLES APPLIED BEFORE UKRAINIAN COURTS AS A MEANS FOR INTERPRETING APPLICABLE DOMESTIC LAW (UKRAINIAN LAW)

FORCE MAJEURE - REFERENCE TO THE UKRAINIAN LEGISLATION CONCERNING OPERATIONS IN FOREIGN CURRENCY AND TO ARTICLE 7.1.7 UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS (1994 ED.)
Ukraine
Dnipropetrovsk Regional Commercial Court

23-07-2013
SALES CONTRACT - BETWEEN AN UKRAINIAN STATE-OWNED COMPANY AND ANOTHER UKRAINIAN COMPANY - UNIDROIT PRINCIPLES CONSIDERED TO ENSHRINE INTERNATIONAL TRADE CUSTOMS IN UKRAINIAN LAW - APPLICABLE ONLY IF NOT CONFLICTING WITH THE TERMS OF THE CONTRACT.
United Kingdom
Sheriffdom of Tayside Central and Fife

30-11-2012
SALES CONTRACT - BETWEEN A SCOTTISH PROPERTY DEVELOPMENT COMPANY AND TWO SCOTTISH INDIVIDUALS - RECOURSE TO THE UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING APPLICABLE DOMESTIC LAW (SCOTTISH LAW)

CONTRACT INTERPRETATION - WRITTEN CONTRACT CONTAINING A MERGER CLAUSE - USE OF EXTRINSIC EVIDENCE FOR CONTRACT INTERPRETATION NOT PRECLUDED - REFERENCE TO UNIDROIT PRINCIPLES (ART. 2.1.17)
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