Selected Cases by Article & Issues

Article Preamble580 Cases These Principles set forth general rules for international commercial contracts.
They shall be applied when the parties have agreed that their contract be governed by them.
They may be applied when the parties have agreed that their contract be governed by general principles of law, the lex mercatoria or the like.
They may be applied when the parties have not chosen any law to govern their contract.
They may be used to interpret or supplement international uniform law instruments.
They may be used to interpret or supplement domestic law.
They may serve as a model for national and international legislators.

Number

Issue

# Cases

Material scope of application of Principles

1.1

International commercial contracts

1.1.1

Contracts v. unilateral acts

1.1.2

International v. domestic contracts

1.1.3

Commercial v. consumer transactions

Applicability of Principles

2.1

As rules of law governing the contract

2.1.1

Principles applicable if expressly chosen by the parties

2.1.1.1

In disputes before State court

2.1.1.2

In disputes before arbitral tribunal

2.1.2

Principles as expression of the "lex mercatoria" referred to in the contract

2.1.3

Principles as expression of "general principles of law" referred to in the contract

2.1.4

Principles as an expression of lex sportiva

2.1.5

Principles applied in the absence of any choice-of-law clause

2.1.5.1

Principles as "the rules of law [arbitrators]determine to be appropriate"

2.1.5.2

Principles as "relevant trade usages" to be taken into account in all cases by arbitrators

2.1.5.3

Principles as international trade custom

2.1.5.4

Principles as an expression of international law

2.1.6

Principles and arbitration ex aequo et bono

2.2

As terms incorporated into the contract

2.3

As means for interpreting and supplementing domestic law

2.3.1

Principles to confirm that solution provided by applicable domestic law is in conformity with international standards

113

2.3.2

Principles as means for interpreting and supplementing applicable domestic law

239

2.4

As means for interpreting and supplementing international uniform law instruments

2.4.1

Principles and CISG

2.4.2

Principles and other international instruments

Country	Date	Court
Arbitral Award	00-01-1999	ICC International Court of Arbitration, Paris 8547
Cases: 1
Court of Justice of the European Communities	17-09-2002	Court of Justice of the European Communities
Cases: 1
Economic Court of the Commonwealth of Independent States (CIS)	23-06-1998	Economic Court of the Commonwealth of Independent States (CIS)
Cases: 1
Italy	10-01-2006	Tribunale Padova - Sez. Este
Italy	05-10-2009	Corte di Cassazione Sez. Unite
Cases: 2
Poland	03-10-2007	Supreme Court of Poland
Cases: 1
Romania	24-10-2014	Bucharest Court of Appeal
Cases: 1
Russian Federation	29-04-2011	Arbitrazh Court of Saint Petersburg and Leningrad area
Cases: 1
United Kingdom	16-05-2018	Supreme Court
Cases: 1
United Nations Compensation Commission	23-09-1997	Panel of the Commissioners, Panel F1
Cases: 1
USA	30-03-2007	United States District Court, S.D. Florida
USA	25-03-2010	United States District Court, S.D. Florida
USA	07-07-2010	United States District Court, S.D. Florida
USA	25-03-2013	United States District Court, S.D. Florida
Cases: 4
Venezuela	09-10-1997	Supreme Court of Venezuela
Cases: 1