Data
- Date:
- 08-05-1997
- Country:
- Arbitral Award
- Number:
- Vb/96038
- Court:
- Hungarian Chamber of Commerce and Industry Court of Arbitration
- Parties:
- Unknown
Keywords
APPLICATION OF CISG - CONTRACT CONTAINING ELEMENTS OF SALE AND AGENCY - CISG APPLICABLE TO ELEMENTS OF SALE (ART. 1 CISG)
Abstract
[Abstract CLOUT Case 174]
The Hungarian claimant and the Italian respondent agreed that Hungarian law would govern their contract. The contract contained the elements of both a sales and an agency agreement. At the time of concluding the contract, the CISG was already applicable in both Italy and Hungary.
Therefore, one of the parties argued that the CISG would be applicable to their contract even without any choice of law clause and that by 'Hungarian law' their contract was referring to the Hungarian Civil Code.
The arbitral court applied the CISG to the elements of sale (Art. 1(a) CISG) and the Hungarian Civil Code to the agency elements (Article 1(b) CISG).
Fulltext
[Not yet available]}}
Source
Original in Hungarian:
- unpublished
Abstract: CLOUT Case 174, in A/CN.9/SER.C/ABSTRACT/13, 23 October 1997, reproduced with kind permission of Secretary, United Nations Publications Board}}