SELECTED CASES BY TYPE OF CONTRACT INVOLVED

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

SELECTED CASES BY NATIONALITY OF THE PARTIES

KEYWORD Count of Cases
AFRICAN 4
ALGERIAN 1
ARGENTINIAN 14
AUSTRALIAN 16
AUSTRIAN 9
BAHAMIAN 1
BELGIAN 5
BELORUSSIAN 7
BERMUDIAN 1
BRAZILIAN 9
BRITISH VIRGIN ISLAND 1
BULGARIAN 1
CANADIAN 10
CENTRAL EUROPEAN 1
CHILEAN 1
CHINESE 33
COLOMBIAN 5
CONGOLESE 1
COSTA RICAN 5
CYPRIOT 6
CZECH 1
DANISH 3
DUTCH 21
DUTCH ANTILLEAN 1
EAST ASIAN 1
EASTERN EUROPEAN 6
ECUADORIAN 1
EGYPTIAN 1
ENGLISH 33
ESTONIAN 2
EUROPEAN 46
FINNISH 1
FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS (FAO) 1
FOOTBALL ASSOCIATION OF WALES 1
FRENCH 35
Arbitral Award
ICC International Court of Arbitration 12745

00-00-0000
SHARE PURCHASE AGREEMENT - GOVERNED BY FRENCH LAW

ASSIGNMENT OF A MEMORANDUM OF UNDERSTANDING - NOT EFFECTIVE ON ACCOUNT OF FAILURE TO GIVE NOTICE THEREOF TO ASSIGNED PARTY - REFERENCE TO ARTICLE 9.3.4(2) UNIDROIT PRINCIPLES
Arbitral Award
ICC International Court of Arbitration

25-04-1996
CATERING SERVICE CONTRACT - BETWEEN A FRENCH COMPANY AND A FRENCH-KAZAKH COMPANY - FRENCH LAW APPLICABLE

NOTICE OF CANCELLATION OF CONTRACT - FRENCH LAW UNCLEAR AS TO WHETHER DISPATCH OR RECEIPT PRINCIPLE APPLICABLE - REFERENCE TO USAGES OF INTERNATIONAL TRADE (ART. 13(5) ICC RULES OF ARBITRATION) ACCORDING TO WHICH RECEIPT PRINCIPLE APPLIES - REFERENCE TO UNIDROIT PRINCIPLES
Arbitral Award
ICC International Court of Arbitration, Zürich 8769

00-12-1996
SERVICE CONTRACT - BETWEEN A FRENCH COMPANY AND AN AUSTRIAN COMPANY - PARTIES' CHOICE OF DOMESTIC LAW (FRENCH LAW) TOGETHER WITH THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG) AS LAW GOVERNING THEIR CONTRACT

INTEREST RATE NOT DETERMINED BY CISG (ART. 78 CISG) - REFERENCE BY ARBITRAL TRIBUNAL TO ART. 7.4.9(2) OF THE UNIDROIT PRINCIPLES IN SUPPORT OF APPLICATION OF COMMERCIALLY REASONABLE RATE
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, Brussels 9459

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

SILENCE OF THE PARTIES ON THE APPLICABLE LAW DOES NOT AMOUNT TO AN IMPLICIT CHOICE OF LAW - GENERIC REFERENCE TO UNIDROIT PRINCIPLES
Arbitral Award
ICC International Court of Arbitration, 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, Geneva 9333

00-10-1998
SERVICE CONTRACT - BETWEEN A MOROCCAN PARTY AND A FRENCH PARTY - PARTIES' CHOICE OF DOMESTIC LAW (SWISS LAW) AS LAW GOVERNING THE CONTRACT - REFERENCE BY ARBITRAL TRIBUNAL TO CISG AND UNIDROIT PRINCIPLES AS USAGES OF INTERNATIONAL TRADE

INTEREST (ART. 7.4.9 UNIDROIT PRINCIPLES) (ART. 78 CISG) (ART. 104 SWISS CODE OF OBLIGATIONS)
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 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
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 10335

00-10-2000
SHARE PURCHASE AGREEMENT - BETWEEN TWO GREEK COMPANIES AND TWO FRENCH COMPANIES - GOVERNED BY A PARTICULAR DOMESTIC LAW (GREEK LAW) – REFERENCE TO THE UNIDROIT PRINCIPLES TO DEMONSTRATE THAT SOLUTION FOUND UNDER DOMESTIC LAW CORRESPONDS TO MODERN INTERNATIONAL COMMERCIAL LAW.

CONTRACT INTERPRETATION – IN ACCORDANCE WITH PARTIES’ INTENTION AND THE PRINCIPLE OF GOOD FAITH TAKING INTO ACCOUNT TRADE USAGES (SEE ARTICLES 173 AND 200 OF THE GREEK CIVIL CODE; ARTICLES 1.7, 1.8, 4.1 - 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 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
ICC International Court of Arbitration 11018

00-00-2002
DISPUTE TO BE DECIDED ACCORDING TO LEX MERCATORIA AS EXPRESSED BY THE UNIDROIT PRINCIPLES - REFERENCE TO DOMESTIC LAW (FRENCH LAW) TO SUPPLEMENT UNIDROIT PRINCIPLES

ILLEGALITY - EFFECTS - NOT [YET] COVERED BY UNIDROIT PRINCIPLES - REFERENCE TO FRENCH LAW
Arbitral Award
ICC International Court of Arbitration 10930

00-00-2002
CONTRACT BETWEEN A FRENCH COMPANY AND A ROMANIAN COMPANY - CONTAINING A CHOICE OF LAW CLAUSE IN FAVOUR OF ROMANIAN LAW - REFERENCE ALSO TO THE UNIDROIT PRINCIPLES, DEFINED "INTERNATIONALLY RECOGNISED", TO SUPPORT SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW

MISTAKE - REFERENCE TO ARTICLES 3.4 AND 3.5 UNIDROIT PRINCIPLES

FRAUD - REFERENCE TO ARTICLES 3.8 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 13012

00-00-2004
CONTRACT BETWEEN A FRENCH COMPANY AND A UNITED STATES COMPANY - SILENT AS TO THE APPLICABLE LAW – ONE PARTY INVOKED APPLICATION OF FRENCH LAW, THE OTHER APPLICATION OF THE LAW OF THE STATE OF ILLINOIS – ARBITRAL TRIBUNAL FOUND THAT NONE OF THE CONNECTING FACTORS WITH ONE OR THE OTHER DOMESTIC LAW WAS COMPELLING AND DECIDED TO BASE ITS DECISION ON GENERAL PRINCIPLES OF LAW OR THE LEX MERCATORIA – RECOURSE TO THE UNIDROIT PRINCIPLES “AS A PRIMARY SET OF GUIDELINES IN DETERMINING INTERNATIONAL RULES OF LAW APPLICABLE TO THE PARTIES’ CONTRACT”.
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
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
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
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
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
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 Grenoble

24-01-1996
TRANSPORT CONTRACT - BETWEEN A FRENCH COMPANY AND A UNITED STATES COMPANY

STANDARD TERMS - CONFLICT BETWEEN A STANDARD TERM AND A NON-STANDARD TERM - NON STANDARD TERM PREVAILS (ART. 2.21 UNIDROIT PRINCIPLES [ART. 2.1.21 OF THE 2004 EDITION])

INTERPRETATION - UNCLEAR CONTRACT TERMS SUPPLIED BY ONE PARTY - INTERPRETATION AGAINST THE SUPPLYING PARTY (CONTRA PROFERENTEM RULE) - REFERENCE BY COURT TO ART. 4.6 UNIDROIT PRINCIPLES
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 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
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
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

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)
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
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