- Arbitral Award
- ICC International Court of Arbitration 12745
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
In a dispute governed by Italian law the Arbitral Tribunal had to decide, among others, whether a party could assign the contract to a third person and, if so, when the assignment of the contract would be effective vis-à-vis the other party. The Arbitral Tribunal examined the relevant provision contained in the Italian Civil Code (art. 1407) and noted that "a similar mechanism is enshrined in the UNIDROIT Principles: Article 9.3.4 [...]".
Albert Jan van den Berg (ed), Yearbook Commercial Arbitration 2010 – Vol. XXXV (Kluwer Law International 2010) pp. 40 ss.}}