Data
- Date:
- 30-08-2005
- Country:
- China
- Number:
- --
- Court:
- Shanghai High People's Court
- Parties:
- Shanghai Nuo Bo Metal Products Ltd. v. Tevel International Trading
Keywords
BUYER'S OBLIGATION TO PAY THE PRICE (ART. 53 CISG)
RIGHT TO INTEREST (ART. 78 CISG)
Abstract
A Chinese company (buyer) and a Singapore company (seller) entered into a long-standing business relationship for the sale of goods. A dispute arose when the buyer failed to pay the price for some instalments. The seller then sued the buyer claiming payment and interest.
The Court of first instance held CISG applicable to the merits of the dispute (Art. 1(1)(a) CISG), together with Chinese law to solve matters not expressly settled by the Convention (Art. 7(2) CISG).
As to the merits, the Court found that the buyer had failed to prove that it had already paid the amount due. Therefore, the seller was entitled to payment of the purchase price plus interest under Arts. 53 and 78 CISG.
The buyer appealed, but the Appellate Court confirmed the decision of the Court of first instance on the same grounds.
Fulltext
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Source
Original in Chinese:
- available at the Wuhan University Institute of International Law,
http://aff.whu.edu.cn/cisgchina/en/index.asp
English Translation:
- available at the University of Pace website, http://www.cisg.law.pace.edu}}