SELECTED CASES BY TYPE OF CONTRACT INVOLVED

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

SELECTED CASES BY NATIONALITY OF THE PARTIES

KEYWORD Count of Cases
AFRICAN 4
ALGERIAN 1
ARGENTINIAN 14
AUSTRALIAN 16
AUSTRIAN 9
BAHAMIAN 1
BELGIAN 5
BELORUSSIAN 7
BERMUDIAN 1
BRAZILIAN 9
BRITISH VIRGIN ISLAND 1
BULGARIAN 1
CANADIAN 10
CENTRAL EUROPEAN 1
CHILEAN 1
CHINESE 33
COLOMBIAN 5
CONGOLESE 1
COSTA RICAN 5
CYPRIOT 6
CZECH 1
DANISH 3
DUTCH 21
DUTCH ANTILLEAN 1
EAST ASIAN 1
EASTERN EUROPEAN 6
ECUADORIAN 1
EGYPTIAN 1
ENGLISH 33
ESTONIAN 2
EUROPEAN 46
FINNISH 1
FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS (FAO) 1
FOOTBALL ASSOCIATION OF WALES 1
FRENCH 35
GEORGIAN 1
GERMAN 21
GERMAN DEMOCRATIC REPUBLIC 1
GIBRALTAR 1
GREEK 4
HONG KONG 3
HUNGARIAN 3
INDIAN 8
INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT (IFAD) 1
INTERNATIONAL ORGANIZATION 3
IRANIAN 10
IRAQI 1
ISRAELI 1
ITALIAN 37
Arbitral Award
ICC International Court of Arbitration, Rome 5835

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

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

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

INTEREST - ART. 7.4.9(3) UNIDROIT PRINCIPLES TO CONFIRM RIGHT TO ADDITIONAL DAMAGES UNDER KUWAITI LAW
Arbitral Award
ICC International Court of Arbitration, Paris 8261

27-09-1996
STATE CONTRACTS - BETWEEN AN ITALIAN COMPANY AND A GOVERNMENT AGENCY OF A MIDDLE EASTERN COUNTRY - SILENT AS TO APPLICABLE LAW - ARBITRAL TRIBUNAL DECISION TO APPLY LEX MERCATORIA - REFERENCE TO INDIVIDUAL PROVISIONS OF THE UNIDROIT PRINCIPLES: 4.8 (SUPPLYING OMITTED TERMS); 4.6 (CONTRA PROFERENTEM RULE); 7.4.1 (RIGHT TO DAMAGES); 7.4.7 (HARM DUE IN PART TO AGGRIEVED PARTY); 7.4.13 (AGREED PAYMENT FOR NON-PERFORMANCE)
Arbitral Award
Camera Arbitrale Nazionale ed Internazionale di Milano

01-12-1996
COMMERCIAL AGENCY CONTRACT - BETWEEN AN ITALIAN COMPANY AND A UNITED STATES COMPANY - SILENT AS TO APPLICABLE LAW - AGREEMENT BY PARTIES TO SETTLE THEIR DISPUTE IN CONFORMITY WITH THE UNIDROIT PRINCIPLES - TEMPERED BY RECOURSE TO EQUITY

CONTRACT OF COMMERCIAL AGENCY - BINDING UPON PARTIES (ART. 1.3 UNIDROIT PRINCIPLES)

PARTY'S WRITTEN DECLARATION - INTERPRETED AS NOTICE OF TERMINATION (ARTS. 4.1 AND 4.2 UNIDROIT PRINCIPLES)

EXCLUSION OF THE RIGHT TO TERMINATE THE CONTRACT FOR AN EVENT ON THE OCCURRENCE OF WHICH PARTIES HAD AGREED TO RENEGOTIATE THE CONTRACT (ART. 7.3.1 UNIDROIT PRINCIPLES)

TERMINATION - CONTRACT TERM INTENDED TO TAKE EFFECT AFTER TERMINATION (ART. 7.3.5 UNIDROIT PRINCIPLES)

DAMAGES - FULL COMPENSATION OF THE HARM SUSTAINED (ARTS. 7.4.1 AND 7.4.2 UNIDROIT PRINCIPLES) - DOES NOT INCLUDE EMOTIONAL SUFFERING AND DISTRESS WHEN AGGRIEVED PARTY IS A CORPORATE ENTITY

DAMAGES - COMPENSATION LIMITED TO FORESEEABLE HARM ARISING OUT OF NON-PERFORMANCE (ARTS. 7.4.3-7.4.4 UNIDROIT PRINCIPLES)

INTEREST - RUNNING FROM THE TIME WHEN PAYMENT IS DUE (ART. 7.4.9 UNIDROIT PRINCIPLES)

INTEREST - INTEREST RATE FIXED BY THE PARTIES (ART. 7.4.13 UNIDROIT PRINCIPLES)
Arbitral Award
ICC International Court of Arbitration, Rome 9029

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

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

ART. 6.2.2 (HARDSHIP) - ALTERATION OF EQUILIBRIUM DUE TO EVENT WHERE RISK ASSUMED BY DISADVANTAGED PARTY
Arbitral Award
ICC International Court of Arbitration, Milano 8908

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

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

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

INTEREST - APPLICABLE RATE - RATE GENERALLY APPLIED IN INTERNATIONAL TRADE FOR CONTRACTUAL CURRENCY
Arbitral Award
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 9479

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

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

CONTRACT FOR AN INDEFINITE PERIOD – RIGHT OF TERMINATION - EXCLUDED WHERE PARTIES INTENDED TO CREATE PERPETUAL OBLIGATIONS (UNIDROIT PRINCIPLES, ARTICLE 5.8 [ART. 5.1.8 OF THE 2004 EDITION]).
Arbitral Award
ICC International Court of Arbitration 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
ICC International Court of Arbitration 11051

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

QUESTION AS TO TIME FROM WHEN INTEREST IS DUE - INTEREST DUE AS FROM TIME THE PAYMENTS ARE DUE (SEE ARTICLE 1282 OF THE ITALIAN CIVIL CODE AND ARTICLE 7.4.9 OF THE UNIDROIT PRINCIPLES)
Arbitral Award
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
Ad hoc arbitration

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

TERMINATION OF CONTRACT FOR BREACH OF THE “FUNDAMENTAL REQUIREMENTS OF GOOD FAITH, TRUST AND FAIR DEALING WHICH ARE AT THE VERY HEART OF ANY BUSINESS RELATIONSHIP” - NO PROVISION TO THIS EFFECT IN THE UNIDROIT PRINCIPLES (1994 EDITION) – RECOURSE TO ARTICLE 1671 ITALIAN CIVIL CODE ON TERMINATION FOR CONVENIENCE OF WORKS CONTRACTS BY EMPLOYER
Arbitral Award
ICC International Court of Arbitration 11739

00-00-2002
PARTIES' CHOICE OF THE UNIDROIT PRINCIPLES AS THE LAW APPLICABLE TO THE SUBSTANCE OF THE DISPUTE, SUPPLEMENTED IF NECESSARY BY ITALIAN LAW

DISPUTED ISSUES CONCERNED NATURE OF CONTRACT, CONTRACT INTERPRETATION, LIABILITY FOR NON-PERFORMANCE, AMOUNT OF DAMAGES, RIGHT TO INTEREST AND APPLICABLE RATE, AND CURRENCY OF PAYMENT

ALL ISSUES DECIDED BY ARBITRAL TRIBUNAL ON THE BASIS OF UNIDROIT PRINCIPLES
Arbitral Award
Camera Arbitrale Nazionale e Internazionale di Milano

28-11-2002
BUSINESS PURCHASE AGREEMENT - BETWEEN A UNITED STATES COMPANY AND A LUXEMBOURG COMPANY - CHOICE OF LAW CLAUSE REFERRING TO A DOMESTIC LAW (ITALIAN LAW)

CONTRACT INTERPRETATION - PARTIES' CONDUCT OR UNDERSTANDING PRIOR OR SUBSEQUENT TO CONCLUSION OF CONTRACT RELEVANT UNDER RULES OF INTERPRETATION OF THE APPICABLE LAW (ART. 1362 ITALIAN CIVIL CODE)

MERGER CLAUSE CONTAINED IN THE CONTRACT - DOES NOT AFFECT RULES OF INTERPRETATION OF THE APPLICABLE LAW
Arbitral Award
ICC International Court of Arbitration 11849

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

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

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

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

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

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

INTEREST - APPLICABLE RATE - INTERNATIONAL ARBITRATOR ENTITLED TO DETERMINE MOST APPROPRIATE RATE WITHOUT RESORT TO CONFLICT OF LAWS RULES - LIBOR FOR CURRENCY OF PAYMENT PLUS SPREAD OF TWO POINTS - CORRESPOND TO GENERALLY ACCEPTED RATE APPLIED ON INTERNATIONAL FINANCIAL MARKETS
Arbitral Award
ICC International Court of Arbitration 11926

00-00-2003
INTERNATIONAL CONTRACT SILENT AS TO APPLICABLE LAW – SOLE ARBITRATOR DECIDES TO APPLY TRANSNATIONAL PRINCIPLES AND RULES SUCH AS THE UNIDROIT PRINCIPLES, THE PRINCIPLES OF EUROPEAN CONTRACT LAW OR THE CENTRAL LIST OF PRINCIPLES AND RULES OF THE LEX MERCATORIA – SUCH PRINCIPLES TO BE COMPARED WITH CORRESPONDING PROVISIONS OF ITALIAN LAW AS THE OTHERWISE APPLICABLE LAW IN ORDER TO AVOID TAKING EITHER OF THE PARTIES BY SURPRISE
Arbitral Award
ICC International Court of Arbitration 11880

00-00-2004
BANK GUARANTEE - CONTRACT CONTAINING A CHOICE OF LAW CLAUSE ACCORDING TO WHICH “THE ARBITRATORS SHALL APPLY THE PRINCIPLES OF UNIDROIT AND THE LAWS OF ITALY AS TO ALL MATTERS NOT EXPRESSLY COVERED BY THIS GUARANTY […]”

CONTRACT INTERPRETATION - ARBITRAL TRIBUNAL APPLIES ARTICLE 4.1 - 4.8 OF UNIDROIT PRINCIPLES NOT ONLY BECAUSE IN SUBSTANCE CORRESPONDING TO CORRESPONDING RULES OF ITALIAN LAW BUT ALSO BECAUSE ACCORDING TO ARBITRAL TRIBUNAL UNIDROIT PRINCIPLES “REPRESENT [...] A KIND OF SUMMARY OF THE GENERALLY COMMONLY ACCEPTED PRINCIPLES ON INTERPRETATION DEVELOPED IN THE WESTERN COUNTRIES AND DERIVING FROM THE MAIN CIVIL LAW CODES AND CASE LAW IN THE INTERNATIONAL TRADE.”
Arbitral Award
ICC International Court of Arbitration 12745

00-00-2005
INTERNATIONAL CONTRACT - REFERENCE BY ARBITRAL TRIBUNAL TO UNIDROIT PRINCIPLES TO CONFIRM SOLUTION ADOPTED UNDER THE APPLICABLE DOMESTIC LAW (ITALIAN LAW)

ASSIGNMENT OF A CONTRACT - WHEN IT BECOMES EFFECTIVE VIS-À-VIS THE OTHER PARTY - REFERENCE TO ARTICLE 9.3.4 UNIDROIT PRINCIPLES
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
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
Corte arbitrale nazionale ed internazionale di Milano

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

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

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

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

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

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

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
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
Court of Justice of the European Communities
Court of Justice of the European Communities

17-09-2002
CONTRACT NEGOTIATIONS - BETWEEN AN ITALIAN COMPANY AND A GERMAN COMPANY

INTERPRETATION OF THE BRUSSELS CONVENTION ON JURISDICTION AND ENFORCEMENT OF JUDGMENTS - REFERENCE TO THE UNIDROIT PRINCIPLES

PRECONTRACTUAL LIABILITY - IMPOSED BY LAW - ARTICLE 2.15(2) [ART. 2.1.15(2) OF THE 2004 EDITION] OF THE UNIDROIT PRINCIPLES
Italy
Tribunale Roma

28-07-2004
DAMAGE CLAIM BETWEEN TWO ITALIAN PARTIES - REFERENCE TO THE UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING THE APPLICABLE DOMESTIC LAW (ITALIAN LAW)

TERMINATION - RESTITUTION BY PARTIES OF PERFORMANCES RECEIVED - ALLOWANCE IN MONEY IF RESTITUTION IN KIND IMPOSSIBLE - ALLOWANCE TO BE MADE ONLY IF REASONABLE (ARTICLE 7.3.6 UNIDROIT PRINCIPLES)
Italy
Tribunale Padova - Sez. Este

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

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

REQUIREMENT CONTRACTS - COVERED BY CISG

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

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

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

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

06-02-2009
CONSTRUCTION CONTRACT - BETWEEN TWO ITALIAN COMPANIES

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

CONTRACT TERMINATION - RESTITUTION OF PERFORMANCES RENDERED - ALLOWANCE OF MONEY IF RESTITUTION IN KIND IMPOSSIBLE OR INAPPROPRIATE - REFERENCE TO ARTICLE 7.3.6(1)[ART. 7.3.6(2) OF THE 2010 EDITION] UNIDROIT PRINCIPLES
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 Terni

22-03-2010
UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING THE APPLICABLE DOMESTIC LAW (ITALIAN LAW)

AVOIDANCE OF CONTRACT IF ONE OF THE PARTIES CEASES TO EXIST - INADMISSIBLE - REFERENCE TO UNIDROIT PRINCIPLES ADMITTING AVOIDANCE ONLY FOR MISTAKE, FRAUD, THREAT AND GROSS DISPARITY
Italy
Tribunale Nola

06-12-2010
DAMAGE CLAIM BETWEEN TWO ITALIAN PARTIES - REFERENCE TO THE UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING THE APPLICABLE DOMESTIC LAW (ITALIAN LAW)

TERMINATION - PARTY'S CLAIM FOR RESTITUTION OF PERFORMANCE RENDERED DEPENDENT ON PARTY'S POSSIBILITY OF MAKING RESTITUTION IN KIND OF THE OTHER PARTY'S PERFORMANCE RECEIVED (GENERIC REFERENCE TO UNIDROIT PRINCIPLES AND REFERENCE TO ARTICLE 81(A) CISG)
Italy
Tribunale Torino - Sez. lavoro

02-02-2011
DISPUTE BETWEEN AN ITALIAN COMPANY AND THE ITALIAN NATIONAL PENSION INSTITUTE (INPS) - USE OF UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING THE APPLICABLE DOMESTIC LAW (ITALIAN LAW)

PROHIBITION OF INCONSISTENT BEHAVIOUR - REFERENCE TO ARTICLE 1.8 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
Italy
Corte dei Conti - Sezione Giurisdizionale per la Regione Siciliana

24-01-2012
DISPUTE BETWEEN ITALIAN PARTIES - USE OF UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING THE APPLICABLE DOMESTIC LAW (ITALIAN LAW)

PROHIBITION OF INCONSISTENT BEHAVIOUR - REFERENCE TO ARTICLE 1.8 UNIDROIT PRINCIPLES
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
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