Article 49115 Cases (1) The buyer may declare the contract avoided:

(a) if the failure by the seller to perform any of his obligations under the contract or this Convention amounts to a fundamental breach of contract; or

(b) in case of non-delivery, if the seller does not deliver the goods within the additional period of time fixed by the buyer in accordance with paragraph (1) of article 47 or declares that he will not deliver within the period so fixed.

(2) However, in cases where the seller has delivered the goods, the buyer loses the right to declare the contract avoided unless he does so:

(a) in respect of late delivery, within a reasonable time after he has become aware that delivery has been made;

(b) in respect of any breach other than late delivery, within a reasonable time:

(i) after he knew or ought to have known of the breach;

(ii) after the expiration of any additional period of time fixed by the buyer in accordance with paragraph (1) of article 47, or after the seller has declared that he will not perform his obligations within such an additional period; or

(iii) after the expiration of any additional period of time indicated by the seller in accordance with paragraph (2) of article 48, or after the buyer has declared that he will not accept performance.

Number

Issue

# Cases

Buyer's right to avoid (terminate) contract

Country	Date	Court
Arbitral Award	00-01-1995	ICC Court of Arbitration
Arbitral Award	00-03-1995	ICC Court of Arbitration
Arbitral Award	00-01-1997	ICC Court of Arbitration - Zurich
Arbitral Award	05-04-2007	Arbitral Institute of the Stockholm Chamber of Commerce
Cases: 4
Austria	09-03-2000	Oberster Gerichtshof
Austria	07-09-2000	Oberster Gerichtshof
Austria	22-11-2011	Oberster Gerichtshof
Cases: 3
Belgium	08-03-2001	Cour d'Appel, Mons
Belgium	14-09-2005	Rechtbank van Koophandel, Hasselt
Belgium	24-04-2006	Hof van Beroep, Antwerpen
Cases: 3
Colombia	30-08-2011	Corte Suprema de Justicia
Cases: 1
Finland	18-02-1997	Court of Appeal, Turku
Finland	27-03-1997	Court of Appeal of Eastern Finland
Cases: 2
France	08-11-2011	Cour de Cassation
Cases: 1
Germany	14-06-1994	Amtsgericht Nordhorn
Germany	31-03-2008	Oberlandesgericht Stuttgart
Cases: 2
Japan	16-06-2020	Tokyo Chiho Saibansho [District Court]
Cases: 1
Poland	20-11-2008	Warsaw Court of Appeal
Cases: 1
Russian Federation	13-02-2006	Tribunal of Int'l Commercial Arbitration at the Russian Federation Chamber of Commerce and Industry
Cases: 1
Spain	12-02-2002	Audiencia Provincial de Barcelona
Cases: 1
USA	17-05-1999	U.S. District Court, E.D., Louisiana
Cases: 1

1.1

Seller's fundamental breach

1.2

Buyer's failure to fix an additional period of time according to Art. 47(1)

1.3

Seller's failure to deliver within additional time fixed according to Article 47(1)

1.4

Seller's declaration of intention not to deliver within additional time fixed according to Art. 47(1)

Time of avoidance (termination)

2.1

In case of late delivery

2.2

In case of other breach

Selected Cases by Article & Issues