Data
- Date:
- 00-00-2002
- Country:
- Arbitral Award
- Number:
- 10865
- Court:
- ICC International Court of Arbitration 10865
- Parties:
Keywords
CONTRACT BETWEEN A TURKMEN COMPANY AND A SWISS COMPANY - PARTIES' CHOICE OF THEIR RESPECTIVE DOMESTIC LAWS (TURKMEN LAW AND SWISS LAW) AS THE LAW GOVERNING THE CONTRACT - ARBITRAL TRIBUNAL REQUESTED TO APPLY THE UNIDROIT PRINCIPLES IN CASE OF DISCREPANCIES BETWEEN THE TWO DOMESTIC LAWS
Abstract
In a dispute between a company situated in Turkmenistan and a company situated in Switzerland the Sole Arbitrator decided that “confronted with the possible conflicts and contradictions of the formulation of Article [X] of the Contract, the Parties have authorized and asked the Tribunal, in case of discrepancy between the laws of Turkmenistan and Switzerland, to have regard to the general principles of law and, in particular, to the UNIDROIT Principles of International Commercial Contracts.”
Fulltext
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Source
E. Jolivet, L'harmonisation du droit OHADA des contrats: l'influence des Principes d'UNIDROIT en matière de pratique contractuelle et d'arbitrage, in Unifrom Law Review, p. 127 et seq. (p.131, fn. 17)}}