SELECTED CASES BY TYPE OF CONTRACT INVOLVED

KEYWORD	Count of Cases
ADMINISTRATIVE CONTRACTS	14
AGENCY CONTRACT	9
ARBITRATION AGREEMENT	9
ASSIGNMENT CONTRACT	2
BANK GUARANTEE	3
BARTER AGREEMENT	2
BUILD-OPERATE-TRANSFER (BOT) CONTRACT	1
BUSINESS PURCHASE AGREEMENT	1
CONCESSION CONTRACT	7
CONSORTIUM AGREEMENT	2
CONSTRUCTION AND MAINTENANCE CONTRACT	1
CONSTRUCTION AND MANAGEMENT CONTRACT	1
CONSTRUCTION CONTRACT	34
CONSULTING CONTRACT	2
CONTRACT FOR SUPPLY AND INSTALLATION	2
CONTRACT FOR SUPPLY, INSTALLATION AND MAINTENANCE	1
CONTRACT FOR TRANSFER OF FOOTBALL PLAYER	1
CONTRACT OF CARRIAGE OF GOODS	3
CONTRACT ON TECHNOLOGY EXCHANGE AND TECHNICAL COOPERATION	1
COOPERATION AGREEMENT	3
DEVELOPMENT AGREEMENT	6
DISTRIBUTION AGREEMENT	21
EASEMENT CONTRACT	3
EMPLOYMENT CONTRACT	2
EXPLORATION AND EXPLOITATION AGREEMENT	3
INSURANCE CONTRACT	7
INTER-FIRM AGREEMENT	1
JOINT-VENTURE AGREEMENT	7
LAND USE CONTRACT	1
LEASE CONTRACT	20
LICENSING AGREEMENT	8
LICENSING AND JOINT RESEARCH AGREEMENT	1
LICENSING AND SERVICE AGREEMENT	1
LOAN AGREEMENT	11
LONG-TERM CONTRACTS	153
MARKETING AGREEMENT	1
MEDIATION AGREEMENT	1
MEMORANDUM OF UNDERSTANDING	7
PRE-BID AGREEMENT	1
PRODUCTION SHARING AGREEMENT	1
PROJECT CONTRACT	1
SALES CONTRACT	150
SATELLITE CONTRACT	3
SERVICE CONTRACT	44
SETTLEMENT AGREEMENT	10
SHARE OPTION AGREEMENT	1
SHARE PURCHASE AGREEMENT	17
SHAREHOLDERS AGREEMENT	3
STATE CONTRACTS	40
SUPPLY CONTRACT	50
TRANSPORT CONTRACT	4
TRAVEL AGENCY CONTRACT	1

SELECTED CASES BY NATIONALITY OF THE PARTIES

KEYWORD	Count of Cases
AFRICAN	6
ALGERIAN	1
ARGENTINIAN	14
AUSTRALIAN	17
AUSTRIAN	10
BAHAMIAN	1
BELGIAN	6
BELORUSSIAN	7
BERMUDIAN	1
BRAZILIAN	9
BRITISH VIRGIN ISLAND	1
BULGARIAN	1
CANADIAN	13
CENTRAL EUROPEAN	1
CHILEAN	4
CHINESE	43
COLOMBIAN	8
CONGOLESE	1
COSTA RICAN	5
CYPRIOT	8
CZECH	1
DANISH	3
DUTCH	23
DUTCH ANTILLEAN	1
EAST ASIAN	1
EASTERN EUROPEAN	6
ECUADORIAN	2
EGYPTIAN	1
ENGLISH	42
ESTONIAN	2
EUROPEAN	59
FINNISH	1
FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS (FAO)	1
FOOTBALL ASSOCIATION OF WALES	1
FRENCH	38
GEORGIAN	6
GERMAN	27
GERMAN DEMOCRATIC REPUBLIC	1
GIBRALTAR	1
GREEK	4
HONG KONG	4
HUNGARIAN	3
INDIAN	11
INDONESIAN	1
INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT (IFAD)	1
INTERNATIONAL ORGANIZATION	3
IRANIAN	10
IRAQI	1
IRISH	1
ISRAELI	2
ITALIAN	52
IVORIAN	1
JAPANESE	5
KAZAKH	5
KOREAN	4
KUWAITI	5
KYRGYZ	1
LATIN AMERICAN	2
LEBANESE	7
LIBYAN	1
LIECHTENSTEIN	5
LITHUANIAN	17
LUXEMBOURG	1
MALAYSIAN	3
MARSHALLESE	1
MEMBER FIRMS OF THE ANDERSEN WORLDWIDE ORGANIZATION	1
MEXICAN	5
MIDDLE EASTERN	4
MOLDAVIAN	1
MOROCCAN	2
NEW ZEALAND	5
NIGERIAN	1
NORTH AFRICAN	2
NORTH AMERICAN	4
NORWEGIAN	2
PAKISTANI	2
PANAMANIAN	2
PARAGUAYAN	34
Paraguay Tribunal de Apelación en lo Civil y Comercial de Asunción 05-06-2013 SALES CONTRACT - BETWEEN PARAGUAYAN INDIVIDUALS - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) DUTY OF COOPERATION IN THE COURSE OF PERFORMANCE - REFERENCE TO ART. 5.1.3 UNIDROIT PRINCIPLES IN SUPPORT OF A CORRESPONDING UNWRITTEN GENERAL PRINCIPLE ALSO UNDER PARAGUAYAN LAW
Paraguay Tribunal de Apelación en lo Civil y Comercial de Asunción, Sala 6 05-08-2013 INSURANCE CONTRACT - BETWEEN TWO PARAGUAYAN PARTIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) CONFLICT BETWEEN STANDARD TERMS AND NON-STANDARD TERMS - NON-STANDARD TERMS PREVAIL (ARTICLE 2.1.21 UNIDROIT PRINCIPLES) HIERARCHY OF CONTRACT TERMS ESTABLISHED BY PARTIES (COMMENT 2 TO ARTICLE 4.4 UNIDROIT PRINCIPLES) CONTRA PROFERENTEM RULE (ARTICLE 4.6 UNIDROIT PRINCIPLES)
Paraguay Tribunal de Apelación en lo Civil y Comercial de Asunción, Sala 6 05-08-2013 INSURANCE CONTRACT - BETWEEN TWO PARAGUAYAN PARTIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) CONFLICT BETWEEN STANDARD TERMS AND NON-STANDARD TERMS - NON-STANDARD TERMS PREVAIL (ARTICLE 2.1.21 UNIDROIT PRINCIPLES) HIERARCHY OF CONTRACT TERMS ESTABLISHED BY PARTIES (COMMENT 2 TO ARTICLE 4.4 UNIDROIT PRINCIPLES) CONTRA PROFERENTEM RULE (ARTICLE 4.6 UNIDROIT PRINCIPLES)
Paraguay Tribunal de Apelación en lo Civil y Comercial de Asunción 24-10-2014 DISPUTE BETWEEN A PARAGUAYAN INDIVIDUAL AND A PARAGUAYAN GOVERNMENTAL INSTITUTION - REFERENCE TO UNIDROIT PRINCIPLES AS MEANS OF INTERPRETING AND SUPPLEMENTING APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW)- UNIDROIT PRINCIPLES DEFINED AS "WIDELY RECOGNIZED PRINCIPLES IN INTERNATIONAL COMMERCIAL LAW THAT PROPOSE UNIFORM SOLUTIONS" INCONSISTENT BEHAVIOUR BY PUBLIC AUTHORITY - NOT PERMITTED - REFERENCE TO ARTICLES 1.8, 1.7, 2.1.4(2)(B), 2.1.18, 2.1.20, 2.2.5(2) AND 10.4. OF THE UNIDROIT PRINCIPLES
Paraguay Tribunal de Apelación en lo Civil y Comercial de Asunción, Sexta Sala 24-11-2015 PROPERTY SALES CONTRACT - BETWEEN TWO PARAGUAYAN INDIVIDUALS – REFERENCE TO UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING AND SUPPLEMENTING APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) - UNIDROIT PRINCIPLES DEFINED AS “WIDELY RECOGNIZED PRINCIPLES IN INTERNATIONAL COMMERCIAL LAW THAT PROPOSES UNIFORM SOLUTIONS”. BURDEN OF PROOF ALLOCATED ACCORDING TO AVAILABILITY OF EVIDENCE - DUTY OF COOPERATION THROUGHOUT THE PERFORMANCE OF THE CONTRACT - REFERENCE TO ART. 5.1.3 UNIDROIT PRINCIPLE
Paraguay Tribunal de Apelación en lo Civil y Comercial de Asunción 09-05-2016 LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN A PARAGUAYAN COMPANY AND A BRAZILIAN COMPANY – REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) DAMAGES AS REMEDY FOR BREACH OF CONTRACT – DUTY OF COOPERATION IN THE COURSE OF PERFORMANCE, ENCOMPASSED WITHIN THE GOOD FAITH PRINCIPLE – REFERENCE TO ART. 5.1.3 UNIDROIT PRINCIPLES PRINCIPLE OF WITHHOLDING PERFORMANCE – REFERENCE TO ART. 7.1.3 UNIDROIT PRINCIPLES.
Paraguay Tribunal de Apelación en lo Civil y Comercial de Asunción, Tercera Sala 19-05-2016 DISPUTE BETWEEN THE PARAGUAYAN NATIONAL CUSTOMS AGENCY AND A PARAGUAYAN COMPANY - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING OR SUPPLEMENTING APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) INTERPRETATION OF INSURANCE CONTRACT - REFERENCE TO ART. 4.4 UNIDROIT PRINCIPLES IN ORDER TO AFFIRM THAT PROVISIONS OF A SPECIFIC CHARACTER PREVAIL OVER PROVISIONS LAYING DOWN MORE GENERAL RULES
Paraguay Tribunal de Apelación en lo Civil y Comercial de Asunción 31-05-2016 SALES CONTRACT - BETWEEN TWO PARAGUAYAN INDIVIDUALS – REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW)– UNIDROIT PRINCIPLES DEFINED AS “WIDELY RECOGNIZED PRINCIPLES IN INTERNATIONAL COMMERCIAL LAW THAT PROPOSE UNIFORM SOLUTIONS AND CAN BE USED TO INTERPRET OR SUPPLEMENT DOMESTIC LAW”. DUTY OF COOPERATION IN THE COURSE OF PERFORMANCE, ENCOMPASSED WITHIN THE GOOD FAITH PRINCIPLE – REFERENCE TO ART. 5.1.3 UNIDROIT PRINCIPLES
Paraguay Corte Suprema de Justicia 04-08-2016 DISPUTE BETWEEN TWO PARAGUAYAN PARTIES - UNIDROIT PRINCIPLES IN SUPPORT OF THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) IMPLIED OBLIGATIONS – REFERENCE TO ART. 5.1.1 AND 5.1.2 UNIDROIT PRINCIPLES TO CONFIRM A SIMILAR PRINCIPLE EXPRESSED IN PARAGUAYAN LAW (ART. 715 CODIGO CIVIL)
Paraguay Tribunal de Apelación en lo Civil y Comercial de Asunción, Sexta Sala 06-10-2016 LONG-TERM CONTRACTS - AGENCY CONTRACT - BETWEEN A PARAGUAYAN INDIVIDUAL AND A PARAGUAYAN COMPANY - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING OR SUPPLEMENTING APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) CONCLUSION OF AN ORAL CONTRACT - BURDEN OF PROOF - NO PARTICULAR FORM REQUIRED - REFERENCE TO ART. 1.2 UNIDROIT PRINCIPLES IN ORDER TO CONFIRM THE PRINCIPLE OF FREEDOM OF FORM EXPRESSED BY DOMESTIC LAW NOTION OF NON-PERFORMANCE - REFERENCE TO ART: 7.1.1 UNIDROIT PRINCIPLES IN THE ABSENCE OF CLEAR DEFINITION IN THE APPLICABLE LAW ESTABLISHED PRACTICE BETWEEN PARTIES - BINDING CHARACTER - REFERENCE TO ART. 1.9 UNIDROIT PRINCIPLES AND ART. 9 CISG IN THE ABSENCE OF AN EXPRESS PROVISION OF THE APPLICABLE LAW ESTABLISHED PRACTICE BETWEEN PARTIES - SOURCE OF IMPLIED OBLIGATIONS ACCORDING TO ART. 5.1.2 (B) UNIDROIT PRINCIPLES SALES COMMISSION AGREEMENT - REVOCATION OF AUTHORITY BY THE PRINCIPAL - NOT EFFECTIVE UNTIL IT IS MADE KNOWN TO THIRD PARTIES - REFERENCE TO ART. 2.2.10 UNIDROIT PRINCIPLES
Paraguay Tribunal de Apelación en lo Civil y Comercial de Asunción 17-10-2016 SALES CONTRACT - BETWEEN TWO PARAGUAYAN INDIVIDUALS - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING OR SUPPLEMENTING APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) SALES CONTRACT - GROSS DISPARITY – CLAIMANT MUST PROVE AN UNJUSTIFIED DISPROPORTION BETWEEN OBLIGATIONS OF PARTIES - REFERENCE TO ART. 3.2.7 UNIDROIT PRINCIPLES GROSS DISPARITY - CLAIMANT MUST PROVE ITS LACK OF EXPERIENCE
Paraguay Corte Suprema de Justicia 21-10-2016 TV PERFORMANCE AGREEMENT - BETWEEN TWO PARAGUAYAN PARTIES - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING OR SUPPLEMENTING APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) IMPLIED OBLIGATIONS – REFERENCE TO ARTICLE 712 OF THE CIVIL CODE OF PARAGUAY STATING GENERAL PRINCIPLES OF GOOD FAITH IN CONTRACT PERFORMANCE AND TO ARTICLES 5.1.1. AND 5.1.2 UNIDROIT PRINCIPLES ON IMPLIED OBLIGATIONS
Paraguay Tribunal de Apelación en lo Civil y Comercial de Asunción 21-11-2016 SERVICE CONTRACT - BETWEEN TWO PARAGUAYAN PARTIES - UNIDROIT PRINCIPLES IN SUPPORT OF THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) DEFINITION OF AN OFFER – REFERENCE TO ART. 2.1.2 UNIDROIT PRINCIPLES CONTRACT INTERPRETATION - RELEVANCE OF THE PREVIOUS CONDUCT OF ONE OF THE PARTIES - REFERENCE TO ART. 4.3 UNIDROIT PRINCIPLES
Paraguay Tribunal de Apelación en lo Civil y Comercial de Asunción, Sexta Sala 27-03-2017 SALES CONTRACT - BETWEEN TWO PARAGUAYAN INDIVIDUALS - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) CONTRACT FOR SALE OF LAND BETWEEN TWO INDIVIDUALS OF PARAGUAY - DUTY OF COOPERATION IN THE COURSE OF PERFORMANCE - REFERENCE TO ART. 5.1.3 UNIDROIT PRINCIPLES IN SUPPORT OF AN CORRESPONDING UNWRITTEN GENERAL PRINCIPLE ALSO UNDER THE LAW OF PARAGUAY CONTRACT OF SALE - BINDING UPON PARTIES (ART. 1.3 UNIDROIT PRINCIPLES)
Paraguay Corte Suprema de Justicia - Sala Civil y Comercial 27-03-2017 SALES CONTRACT - BETWEEN TWO PARAGUAYAN INDIVIDUALS - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) DUTY OF COOPERATION IN THE COURSE OF PERFORMANCE - REFERENCE TO ART. 5.1.3 UNIDROIT PRINCIPLES IN SUPPORT OF A CORRESPONDING UNWRITTEN GENERAL PRINCIPLE ALSO UNDER THE LAW OF PARAGUAY
Paraguay Tribunal de Apelación en lo Civil y Comercial de Asunción, Sexta Sala 04-07-2017 LONG-TERM CONTRACTS - LEASE CONTRACT - BETWEEN TWO PARAGUAYAN PARTIES - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING OR SUPPLEMENTING APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) CONCLUSION OF AN ORAL CONTRACT - BURDEN OF PROOF - NO PARTICULAR FORM REQUIRED - REFERENCE TO ART. 1.2 UNIDROIT PRINCIPLES IN ORDER TO CONFIRM THE PRINCIPLE OF FREEDOM OF FORM EXPRESSED BY DOMESTIC LAW NOTION OF NON-PERFORMANCE - REFERENCE TO ART. 7.1.1 UNIDROIT PRINCIPLES IN THE ABSENCE OF CLEAR DEFINITION IN THE APPLICABLE LAW
Paraguay Tribunal de Apelación en lo Civil y Comercial, Sexta Sala 01-08-2017 TRANSPORTATION CONTRACT - BEWEEN A PARAGUAYAN PUBLIC TRANSPORTATION COMPANY AND PARAGUAYAN PASSENGER – REFERENCE TO UNIDROIT PRINCIPLES AS A MEANS TO INTERPRET APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) TRANSPORTATION COMPANY UNDER OBLIGATION TO PROVIDE SECURITY MEASURES TO AVOID LOSS TO PASSENGERS – AMOUNTS TO DUTY OF BEST EFFORTS - REFERENCE TO ART. 5.1.4 UNIDROIT PRINCIPLES TO DETERMINE NATURE OF SUCH DUTY – DAMAGES TO BE PAID IN CASE OF ACCIDENT CAUSING LOSSES TO PASSENGER
Paraguay Tribunal de Apelación en lo Civil y Comercial de Asunción, Tercera Sala 02-08-2017 DISTRIBUTION AGREEMENT - BETWEEN TWO PARAGUAYAN COMPANIES - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING OR SUPPLEMENTING APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) INTERPRETATION OF A PENALTY CLAUSE - REFERENCE TO ART. 4.1 UNIDROIT PRINCIPLES IN ORDER TO AFFIRM THAT, IF THE COMMON INTENTION OF THE PARTIES CANNOT BE ESTABLISHED, THE CONTRACT SHALL BE INTERPRETED ACCORDING TO THE MEANING THAT REASONABLE PERSONS OF THE SAME KIND AS THE PARTIES WOULD GIVE TO IT IN THE SAME CIRCUMSTANCES
Paraguay Tribunal de Apelación en lo Civil y Comercial, Cuarta Sala 17-10-2017 LOAN AGREEMENT - BETWEEN A PARAGUAYAN BANK AND A PARAGUAYAN INDIVIDUAL - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) AGREEMENT CONCLUDED USING BANK'S STANDARD TERMS - STANDARD TERMS UNCLEAR AS TO HOW TO PROVE PARTIAL REPAYMENT OF DEBT BY CUSTOMER – CONTRA PROFERENTEM RULE - REFERENCE TO ARTICLE 4.6 UNIDROIT PRINCIPLES.
Paraguay Tribunal de Apelación en lo Civil y Comercial de Asunción, Quinta Sala 06-07-2018 DISPUTE BETWEEN TWO PARAGUAYAN CITIZENS - REFERENCE TO THE UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) INTERIM MEASURE – PROHIBITION TO CONTRACT WITH THIRD PARTIES – CONSIDERED TO BE EXCESSIVE - ABUSE OF RIGHTS NOTION OF BAD FAITH - INTERPRETED IN ACCORDANCE WITH ARTICLE 2.1.15(3) OF THE UNIDROIT PRINCIPLES
Paraguay Corte Suprema de Paraguay – Sala Civil y Comercial 06-07-2018 LONG-TERM CONTRACTS - LEASE CONTRACT WITH A PURCHASE OPTION IN FAVOR OF LESSEE – BETWEEN TWO PARAGUAYAN INDIVIDUALS - REFERENCE TO THE UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) EXERCISE OF PURCHASE OPTION - SUBJECT TO CONDITION THAT PAYMENT WAS MADE WITHIN 12 MONTHS FROM THE CONCLUSION OF THE LEASE CONTRACT – PAYMENT IN TIME PREVENTED BY EVASIVE CONDUCT OF THE LESSOR - CONDUCT CONTRARY TO PRINCIPLE OF GOOD FAITH – REFERENCE TO ART. 5.1.3 UNIDROIT PRINCIPLES ON PARTIES´ DUTY TO COOPERATE
Paraguay Tribunal de Apelación en lo Civil y Comercial de Asunción, Quinta Sala 23-03-2019 SERVICE CONTRACT - BETWEEN A PARAGUAYAN HOSPITAL (CLAIMANT) AND THE MINISTRY OF HEALTH AND SOCIAL WELFARE OF PARAGUAY (RESPONDENT) – REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) CONTRACT FOR MEDICAL SERVICES – REQUEST FOR PAYMENT OF SERVICES NOT AGREED UPON BETWEEN PARTIES – NOTION OF NON-PERFORMANCE – REFERENCE TO ART. 7.1.1 UNIDROIT PRINCIPLES
Paraguay Tribunal de Apelación en lo Civil y Comercial – Cuarta Sala 22-05-2019 SERVICE CONTRACT - BETWEEN A PARAGUAYAN PROFESSIONAL AND A PARAGUAYAN STATE ENTITY - REFERENCE TO THE UNIDROIT PRINCIPLE IN ORDER TO CONFIRM THAT THE SOLUTION PROVIDED BY APPLICABLE DOMESTIC LAW WAS IN CONFORMITY WITH INTERNATIONAL STANDARDS EXCEPTIO NON ADIMPLENTI CONTRACTUS - REFERENCE TO ART. 7.1.3 UNIDROIT PRINCIPLES (2010 EDITION) WHICH REFLECTS A PRINCIPLE VERY SIMILAR TO THE ONE EXPRESSED IN ART. 719 OF THE PARAGUAYAN CIVIL CODE
Paraguay Tribunal de Apelación en lo Civil y Comercial de Asunción, Sexta Sala 03-12-2019 SALES CONTRACT - BETWEEN TWO PARAGUAYAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) UNILATERAL INVOICES ISSUED BY ONE OF THE PARTIES - CAN AMOUNT TO A CONTRACTUAL OFFER - DEFINITION OF AN OFFER – REFERENCE TO ART. 2.1.2 UNIDROIT PRINCIPLES ABSENCE OF A WRITTEN CONTRACT - INTERPRETATION OF THE INTENTION OF THE PARTIES - RELEVANCE OF PARTIES' PREVIOUS CONDUCT DURING THEIR COMMERCIAL RELATIONSHIP - REFERENCE TO ART. 4.3 UNIDROIT PRINCIPLES
Paraguay Tribunal de Apelación en lo Civil y Comercial – Segunda Sala, Circunscripción Judicial de Itapúa 19-10-2020 LEASE CONTRACT - BETWEEN A PARAGUAYAN INDIVIDUAL AND A PARAGUAYAN MUNICIPALITY - REFERENCE TO THE UNIDROIT PRINCIPLE IN ORDER TO CONFIRM THAT THE SOLUTION PROVIDED BY APPLICABLE DOMESTIC LAW WAS IN CONFORMITY WITH INTERNATIONAL STANDARDS EXCEPTIO NON ADIMPLENTI CONTRACTUS - REFERENCE TO ART. 7.1.3 UNIDROIT PRINCIPLES (2010 EDITION) WHICH REFLECTS A PRINCIPLE VERY SIMILAR TO THE ONE EXPRESSED IN ART. 719 OF THE PARAGUAYAN CIVIL CODE
Paraguay Corte Suprema de Justicia – Sala Civil y Comercial 10-11-2020 REAL ESTATE SALES CONTRACT - BETWEEN TWO PARAGUAYAN PARTIES - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING OR SUPPLEMENTING APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) MODIFICATION OF AN OFFER - EFFECTIVENESS OF A COUNTER-OFFER - MUST BE NOTIFIED TO THE OFFEREE - REFERENCE TO ART. 2.1.3 UNIDROIT PRINCIPLES
Paraguay Tribunal de Apelación en lo Civil y Comercial – Terciera Sala 16-04-2021 LAND LEASE CONTRACT - BETWEEN TWO PARAGUAYAN PARTIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) IMPLIED OBLIGATION - EXCLUSION - REFERENCE BY THE COURT TO ART. 1.8 UNIDROIT PRINCIPLES - UNIDROIT PRINCIPLES DEFINED AS "A MEANS OF INTERPRETATION IN THOSE LEGAL SYSTEMS THAT LEGITIMIZE THE GENERAL PRINCIPLES OF LAW AS A SOURCE OF LAW, AS IS THE CASE OF PARAGUAY" AND AN INSTRUMENT THAT HAS "AN UNDENIABLE HERMENEUTICAL VALUE, SINCE THEY PROVIDE REASONABLE AND EFFICIENT CRITERIA FOR DETERMINING THE COMMON WILL OF THE PARTIES"
Paraguay Corte Suprema de Justicia – Sala Civil y Comercial 14-12-2021 INSURANCE CONTRACT - BETWEEN TWO PARAGUAYAN PARTIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) TACIT ACCEPTANCE OF THE CLAIM - REFERENCE BY THE SUPREME COURT TO ART. 1.8 UNIDROIT PRINCIPLES
Paraguay Tribunal de Apelación en lo Civil y Comercial – Primera Sala 22-03-2022 LONG-TERM CONTRACTS - MANAGEMENT CONTRACT - BETWEEN A PARAGUAYAN INDIVIDUAL AND A PARAGUAYAN COMPANY - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING OR SUPPLEMENTING APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) NOTION OF NON-PERFORMANCE - REFERENCE TO ART. 7.1.1 UNIDROIT PRINCIPLES IN THE ABSENCE OF CLEAR DEFINITION IN THE APPLICABLE LAW
Paraguay Tribunal de Apelación en lo Civil y Comercial – Primera Sala 12-04-2022 DISPUTE BETWEEN A PARAGUAYAN INDIVIDUAL AND A LOCAL HOSPITAL FOR MEDICAL MALPRACTICE - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING OR SUPPLEMENTING APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) NOTION OF NON-PERFORMANCE - REFERENCE TO ART. 7.1.1 UNIDROIT PRINCIPLES IN THE ABSENCE OF CLEAR DEFINITION IN THE APPLICABLE LAW
Paraguay Tribunal de Apelación en lo Civil y Comercial – Cuarta Sala 30-05-2022 DISTRIBUTION CONTRACT - BETWEEN A PARAGUAYAN GROWER AND A PARAGUAYAN DISTRIBUTION COMPANY - REFERENCE TO THE UNIDROIT PRINCIPLE IN ORDER TO CONFIRM THAT THE SOLUTION PROVIDED BY APPLICABLE DOMESTIC LAW WAS IN CONFORMITY WITH INTERNATIONAL STANDARDS EXCEPTIO NON ADIMPLENTI CONTRACTUS - REFERENCE IN A DISSENTING OPINION TO ART. 7.1.3 UNIDROIT PRINCIPLES (2010 EDITION) WHICH REFLECTS A PRINCIPLE VERY SIMILAR TO THE ONE EXPRESSED IN ART. 719 OF THE PARAGUAYAN CIVIL CODE
Paraguay Tribunal de Apelación en lo Civil, Comercial y Laboral – Sexta Sala 17-10-2022 DISPUTE BETWEEN TWO PARAGUAYAN PARTIES - APPLICATION OF THE PARAGUAYAN ARBITRATION LAW - REFERENCE TO THE UNIDROIT PRINCIPLES IN ORDER TO CONFIRM THAT THE SOLUTION ADOPTED UNDER THE APPLICABLE DOMESTIC LAW WAS IN CONFORMITY WITH INTERNATIONAL STANDARDS
Paraguay Tribunal de Apelación en lo Civil, Comercial y Laboral – Primera Sala 15-12-2022 CONSTRUCTION CONTRACT - BETWEEN PARAGUAYAN INDIVIDUALS - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING OR SUPPLEMENTING APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) ESTABLISHED PRACTICE BETWEEN PARTIES - RECOGNITION OF ITS BINDING CHARACTER - REFERENCE TO ART. 1.9 UNIDROIT PRINCIPLES IN THE ABSENCE OF AN EXPRESS PROVISION OF THE APPLICABLE LAW
Paraguay Tribunal de Apelación en lo Civil, Comercial y Laboral – Sexta Sala 12-10-2023 CONSTRUCTION CONTRACT - BETWEEN PARAGUAYAN INDIVIDUALS - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING OR SUPPLEMENTING APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) NON-PERFORMANCE - CRITERIA FOR DETERMINING WHETHER A PARTY HAS PERFORMED ITS OBLIGATIONS - DINSTINCTION BETWEEN THE DUTY TO ACHIEVE A SPECIFIC RESULT AND THE DUTY OF BEST EFFORTS - REFERENCE TO ART. 5.1.5 UNIDROIT PRINCIPLES AND TO ITS OFFICIAL COMMENTS AND EXAMPLES IN THE ABSENCE OF AN EXPRESS PROVISION OF THE APPLICABLE LAW
PHILIPPINE	2
PLURALITY OF PARTIES OF DIFFERENT NATIONALITIES	7
POLISH	14
PORTUGUESE	3
PUERTO RICAN	1
ROMANIAN	13
RUSSIAN	102
RWANDESE	1
SALVADORAN	1
SAUDI ARABIAN	1
SCANDINAVIAN	1
SCOTTISH	1
SERBIAN	2
SINGAPOREAN	5
SLOVAKIAN	1
SLOVENIAN	1
SOUTH AFRICAN	1
SOUTH KOREAN	1
SOUTHWEST ASIAN	1
SPANISH	43
STATE OF THE FORMER SOVIET UNION	1
SWEDISH	8
SWISS	26
TURKISH	8
TURKMEN	1
UKRAINIAN	26
UNION OF EUROPEAN FOOTBALL ASSOCIATIONS (UEFA)	1
UNITED KINGDOM	3
UNITED NATIONS ORGANIZATION	2
UNITED STATES	46
URUGUAYAN	3
UZBEK	3
VENEZUELAN	5
VIETNAMESE	1
WEST INDIAN	2
WESTERN EUROPEAN	2

SELECTED CASES BY DOMESTIC LAW INVOLVED

KEYWORD	Count of Cases
ALGERIAN LAW	1
ARGENTINIAN LAW	9
AUSTRALIAN LAW	14
AUSTRIAN LAW	3
BELORUSSIAN LAW	6
BRAZILIAN LAW	4
CHINESE LAW	17
COLOMBIAN LAW	8
COSTA RICAN LAW	4
CYPRIOT LAW	1
CZECH LAW	1
DANISH LAW	1
DUTCH CARRIBEAN LAW	1
DUTCH LAW	8
ECUADORIAN LAW	2
EGYPTIAN LAW	1
ENGLISH LAW	23
FRENCH LAW	11
GERMAN LAW	6
GREEK LAW	1
INDIAN LAW	2
IRANIAN LAW	1
IRISH LAW	1
ISRAELI LAW	1
ITALIAN LAW	32
IVORIAN LAW	1
JAPANESE LAW	1
KAZAKH LAW	1
KUWAITI LAW	1
LAW OF A EASTERN EUROPEAN COUNTRY	1
LAW OF A NORDIC COUNTRY	1
LAW OF THE GERMAN DEMOCRATIC REPUBLIC	1
LAW OF THE STATE OF NEW YORK	2
LEBANESE LAW	2
LIBYAN LAW	1
LITHUANIAN LAW	16
MEXICAN LAW	3
NEW ZEALAND LAW	5
NORWEGIAN LAW	2
PAKISTANI LAW	1
PAKISTANI LAW	1
PARAGUAYAN LAW	30
POLISH LAW	6
PORTUGUESE LAW	3
QUEBEC LAW	4
ROMANIAN LAW	6
RUSSIAN LAW	79
SAUDI LAW	1
SCOTTISH LAW	1
SERBIAN LAW	1
SINGAPOREAN LAW	3
SPANISH LAW	30
SWEDISH LAW	5
SWISS LAW	14
TURKISH LAW	1
TURKMEN LAW	1
UKRAINIAN LAW	20
URUGUAYAN LAW	3

BY INTERNATIONAL LAW INVOLVED

Arbitral Award ICC International Court of Arbitration, Paris 7365/FMS 05-05-1997 STATE CONTRACTS - CONTRACT FOR THE SUPPLY AND INSTALLATION OF MILITARY EQUIPMENT - BETWEEN A UNITED STATES CORPORATION AND THE IRANIAN AIR FORCE - PARTIES' CHOICE OF DOMESTIC LAW (IRANIAN LAW) - AGREEMENT BY PARTIES AS TO COMPLEMENTARY AND SUPPLEMENTARY APPLICATION OF THE GENERAL PRINCIPLES OF INTERNATIONAL LAW AND TRADE USAGES - ARBITRAL TRIBUNAL REFERENCE TO UNIDROIT PRINCIPLES TO DETERMINE CONTENT OF SUCH GENERAL PRINCIPLES HARDSHIP - RIGHT TO DEMAND TERMINATION OR ADAPTATION OF CONTRACT (ART. 6.2.3(4) UNIDROIT PRINCIPLES) IMPLIED OBLIGATIONS - GOOD FAITH AND FAIR DEALING (ARTS. 5.1 AND 5.2 [ARTS. 5.1.1 AND 5.1.2 OF THE 2004 EDITION] UNIDROIT PRINCIPLES) TERMINATION - RIGHT TO RESTITUTION (ART. 7.3.6 UNIDROIT PRINCIPLES) INTEREST - RIGHT TO INTEREST INDEPENDENT OF A FORMAL REQUEST BY AGGRIEVED PARTY (ART. 7.4.9 UNIDROIT PRINCIPLES) - DOUBTFUL WHETHER THIS PROVISION CORRESPONDS TO GENERALLY ACCEPTED PRINCIPLES OF INTERNATIONAL LAW

Arbitral Award ICC International Court of Arbitration 12111 06-01-2003 SALES CONTRACT - BETWEEN A RUMANIAN COMPANY AND AN ENGLISH COMPANY - REFERRING TO "INTERNATIONAL LAW" AS THE LAW GOVERNING THE CONTRACT - TO BE UNDERSTOOD AS REFERENCE TO THE GENERAL PRINCIPLES OF LAW AND THE LEX MERCATORIA - APPLICATION OF THE UNIDROIT PRINCIPLES (PARAGRAPH 3 OF THE PREAMBLE OF THE UNIDROIT PRINCIPLES) PRINCIPLES OF EUROPEAN CONTRACT LAW - ACADEMIC EXERCISE PRELIMINARY TO A EUROPEAN CIVIL CODE - AS SUCH NOT YET APPLICABLE TO INTERNATIONAL COMMERCIAL CONTRACTS

Arbitral Award Arbitration Institute of the Stockholm Chamber of Commerce 29-03-2005 STATE CONTRACTS - LONG-TERM CONTRACTS - GAS SUPPLY CONTRACT - BETWEEN A GIBRALTAR COMPANY AND A KYRGYZ STATE OWNED COMPANY - UNIDROIT PRINCIPLES APPLIED AS A RULE OF INTERNATIONAL LAW BUYER'S FAILURE TO PAY THE PRICE DUE TO INSOLVENCY CAUSED BY INTERFERENCE BY ITS COUNTRY'S GOVERNMENT - GOVERNMENT LIABLE FOR DAMAGES VIS-A-VIS SELLER INTEREST - TO BE CALCULATED ON THE BASIS OF INTERNATIONAL RULES - APPLICATION OF ART. 7.4.9 UNIDROIT PRINCIPLES CONSIDERED BY ARBITRAL TRIBUNAL "TO BE AN APPROPRIATE BASIS FOR DETERMINING THE INTEREST"

Arbitral Award Ad hoc Arbitration, Brussels 19-08-2005 STATE CONTRACTS - SHARE PURCHASE AGREEMENT - BETWEEN A DUTCH COMPANY AND THE POLISH GOVERNMENT - TO BE DECIDED ON THE BASIS OF THE BILATERAL TREATY FOR THE PROTECTION OF INVESTMENTS AND "THE UNIVERSALLY ACKNOWLEDGED RULES AND PRINCIPLES OF INTERNATIONAL LAW" - REFERENCE TO THE UNIDROIT PRINCIPLES

Arbitral Award ICC International Court of Arbitration 14581 00-06-2007 STATE CONTRACTS - SUPPLY CONTRACT FOR LEASING EQUIPMENT AND LICENSING TECHNOLOGY - BETWEEN TWO MINISTRIES OF STATE X AND A COMPANY OF STATE Y - UNIDROIT PRINCIPLES AS AN "EXPRESSION OF INTERNATIONALLY RECOGNISED PRINCIPLES" ARBITRATION CLAUSE PROVIDING THAT DISPUTES TO BE DECIDED BY "THE INTERNATIONAL ARBITRATION COURT IN SWITZERLAND" AND "IN ACCORDANCE WITH INTERNATIONAL LAW" - INTERPRETATION OF AMBIGUOUS CLAUSE ACCORDING TO SWISS LAW AS LAW OF SEAT OF ARBITRATION AND ACCORDING TO UNIDROIT PRINCIPLES INVOKED BY PARTES AS "EXPRESSION OF INTERNATIONALLY RECOGNISED PRINCIPLES", TOGETHER WITH EUROPEAN PRINCIPLES OF CONTRACT LAW AND CISG - REFERENCE TO ARTICLE 4.2 UNIDROIT PRINCIPLES IN SUPPORT OF SIMILAR PROVISION IN SWISS LAW

Arbitral Award Eritrea Ethiopia Claims Commission 17-08-2009 ERITREA ETHIOPIA CLAIMS COMMISSION - DAMAGES CLAIMS - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE INTERNATIONAL LAW DETERMINATION OF COMPENSATION FOR UNCERTAIN LOSSES - ASSESSMENT AT DISCRETION OF ADJUDICATING BODY - REFERENCE TO ARTICLE 7.4.3(3) UNIDROIT PRINCIPLES

Arbitral Award Ad hoc Arbitration, The Hague 30-03-2010 STATE CONTRACTS - LONG-TERM CONTRACTS - EXPLORATION AND EXPLOITATION AGREEMENT - BETWEEN TWO UNITED STATES COMPANIES AND THE ECUADORIAN GOVERNMENT – REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW AS WELL AS ECUADORIAN LAW) LOSS OF A CHANCE – CRITERION FOR DETERMINING AMOUNT OF DAMAGES IN CASE OF BREACH OF THE BIT DUE TO DENIAL OF JUSTICE – REFERENCE BY ONE OF THE PARTIES TO ARTICLE 7.4.3(2) OF UNIDROIT PRINCIPLES – ACCORDING TO ARBITRAL TRIBUNAL ONLY ADMISSIBLE WHERE AMOUNT OF LOSS NOT DETERMINABLE – REFERENCE TO COMMENT 2 TO ARTICLE 7.4.3 OF UNIDROIT PRINCIPLES FORCE MAJEURE – HARDSHIP – DISTRIBUTION BETWEEN THE PARTIES IN A JUST AND EQUITABLE MANNER OF THE LOSSES AND GAINS RESULTING FROM UNFORESEEABLE EVENT – REFERENCE TO UNIDROIT PRINCIPLES (COMMENT ARTICLES 7.1.7 AND TO ARTICLES 6.2.2 – 6.2.3(2)) AND TO PRINCIPLES OF EUROPEAN CONTRACT LAW (ARTICLE 6:111(3)(B)) AS A MEANS TO INTERPRET ECUADORIAN LAW (ARTICLE 1563 ECUADORIAN CIVIL CODE)

Arbitral Award ICC International Court of Arbitration 17146 00-00-2013 INTERNATIONAL CONTRACT - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT APPLICABLE INTERNATIONAL LAW (TRANSNATIONAL RULES AND TRADE USAGES) ARBITRATION CLAUSE - INTERPRETATION - ACCORDING TO PRINCIPLE OF GOOD FAITH, OF EFFECTIVE INTERPRETATION AND OF CONTRA PROFERENTEM RULE - REFERENCE TO ART. 4.5 UNIDROIT PRINCIPLES

Arbitral Award Permanent Court of Arbitration 04-06-2014 DISPUTE BETWEEN AN AUSTRIAN COMPANY AND THE SLOVAKIAN GOVERNMENT - CONCERNING MEASURES ADOPTED BY THE LATTER NEGATIVELY AFFECTING FOREIGN INVESTMENTS IN THE HEALTH INSURANCE SECTOR - ALLEGED VIOLATION BY SLOVAKIA OF BILATERAL INVESTMENT TREATIES - REFERENCE TO UNIDROIT PRINCIPLES TO SUPPLEMENT APPLICABLE LAW (INTERNATIONAL LAW) JURISDICTION OF ARBITRAL TRIBUNAL CHALLENGED ON THE GROUND THAT CLAIMANT INITIATED COURT PROCEEDINGS IN THE SLOVAK REPUBLIC THAT WERE PREDICATED ON THE SAME FACTS AND LEGAL BASIS AND SOUGHT THE SAME RELIEF AS IN THE ARBITRAL PROCEEDING IMPLIED AGREEMENT BETWEEN THE PARTIES THAT THE CASE SHOULD BE RESOLVED IN THE NATIONAL COURTS, NOT IN THE ARBITRATION PROCEEDINGS – REFERENCE BY BOTH PARTIES TO UNIDROIT PRINCIPLES (ARTS. 1.2, 2.1.2, 2.1.11, 3.2.12, 4.1 AND 4.2) – ARBITRAL TRIBUNAL AGREES WITH CLAIMANT THAT NO SUCH AGREEMENT WAS CONCLUDED WAIVER OF THE RIGHT TO ARBITRATE – REFERENCE BY BOTH PARTIES TO UNIDROIT PRINCIPLES – ARBITRAL TRIBUNAL CONFIRMS THAT CLAIMANT HAS WAIVED ITS RIGHT TO ARBITRATE SINCE THE PROCEEDING BEFORE NATIONAL COURTS COULD NOT BE CONSIDERED ONLY AS A PRECAUTIONARY MEASURE

Arbitral Award International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 03-04-2018 SALES CONTRACT - BETWEEN A RUSSIAN BUYER AND A UKRAINIAN SELLER - CHOICE OF LAW CLAUSE REFERRING TO "INTERNATIONAL LAW" - ARBITRAL TRIBUNAL DECIDED TO APPLY CISG AND, FOR QUESTIONS NOT PROVIDED FOR IN THE CISG, THE UNIDROIT PRINCIPLES SINCE THE PARTIES EXPRESS THEIR INTENTION TO EXCLUDE THE APPLICATION OF ANY NATIONAL LAW RIGHT TO INTEREST - REFERENCE TO ART. 7.4.9 UNIDROIT PRINCIPLES IN ORDER TO DETERMINE THE INTEREST RATE

Arbitral Award Permanent Court of Arbitration 10-01-2019 STATE CONTRACTS - LONG-TERM CONTRACTS - CONCESSION CONTRACT - BETWEEN UNITED STATES INVESTORS AND THE CANADIAN GOVERNMENT – BREACH OF THE LATTER OBLIGATIONS UNDER THE NORTH AMERICA FREE TRADE AGREEMENT (NAFTA) - REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF GENERAL PRINCIPLE OF INTERNATIONAL LAW DAMAGES FOR LOSS OF A CHANCE - RIGHT TO COMPENSATION - REFERENCE TO ART. 7.4.3 UNIDROIT PRINCIPLES DAMAGES – COMPENSATION FOR FUTURE HARM DUE WHEN THERE IS A REASONABLE OPPORTUNITY FOR SUCCESS – REFERENCE TO ART. 7.4.3 UNIDROIT PRINCIPLES

International Centre for Settlement of Investment Disputes (ICSID) International Centre for Settlement of Investment Disputes (ICSID) 04-06-2004 STATE CONTRACTS - LONG-TERM CONTRACTS - BUILD-OPERATE-TRANSFER (BOT) CONTRACT FOR THE DEVELOPMENT OF ELECTRICITY PLANT IN TURKEY - BETWEEN A UNITED STATES-TURKISH CONSORTIUM AND THE TURKISH GOVERNMENT - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW) CONTRACT WITH ESSENTIAL TERMS DELIBERATELY LEFT OPEN AND TO BE AGREED UPON AT LATER DATE - CONTRACT VALID IF PARTIES INTENDED TO BE BOUND BY THE CONTRACT - REFERENCE BY CLAIMANT TO ART. 2.14 (NOW 2.1.14) OF THE UNIDROIT PRINCIPLES- ARBITRAL TRIBUNAL CONFIRMED

International Centre for Settlement of Investment Disputes (ICSID) International Centre for Settlement of Investment Disputes (ICSID) 19-01-2007 STATE CONTRACTS - LONG-TERM CONTRACTS - CONCESSION CONTRACT - BETWEEN A UNITED STATES-TURKISH CONSORTIUM AND THE TURKISH GOVERNMENT - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW) CONCESSION CONTRACT CONCLUDED WITH TERMS LEFT OPEN - ONE PARTY ARGUED THAT NEVERTHELESS CONTRACT HAD BEEN VALIDLY CONCLUDED INVOKING ARTICLE 2.1.14 UNIDROIT PRINCIPLES IN SUPPORT THEREOF - ARBITRAL TRIBUNAL BASICALLY CONFIRMS ONE PARTY ARGUED THAT DUTY TO NEGOTIATE IN GOOD FAITH DOES NOT ENTAIL OBLIGATION TO REACH AGREEMENT INVOKING ARTICLE 2.1.15 UNIDROIT PRINCIPLES - ARBITRAL TRIBUNAL BASICALLY CONFIRMS

International Centre for Settlement of Investment Disputes (ICSID) International Centre for Settlement of Investment Disputes (ICSID) 01-09-2009 APPLICATION FOR ANNULMENT OF AN ICSID AWARD RENDERED BETWEEN A UNITED STATES CORPORATION AND THE ARGENTINIAN GOVERNMENT - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW) DETERMINATION OF EXTENT OF HARM - DISCRETIONARY POWER OF COURTS WHERE AMOUNT CANNOT BE ESTABLISHED WITH SUFFICIENT DEGREE OF CERTAINTY - REFERENCE BY CLAIMANT TO ARTICLE 7.4.3 (3) UNIDROIT PRINCIPLES - STANDARD OF COMPENSATION CONFIRMED BY BOTH ARBITRAL TRIBUNAL AND AD HOC COMMITTEE

International Centre for Settlement of Investment Disputes (ICSID) International Centre for Settlement of Investment Disputes (ICSID) 14-01-2010 STATE CONTRACTS – SETTLEMENT AGREEMENT - BETWEEN A UNITED STATES NATIONAL AND THE UKRAINIAN GOVERNMENT - REFERRING TO ARTICLE 54 OF THE ICSID ADDITIONAL FACILITY ARBITRATION RULES RECORDED AS TO THE APPLICABLE LAW - APPLICATION BY ARBITRAL TRIBUNAL OF THE UNIDROIT PRINCIPLES AS "A PRIVATE CODIFICATION OF CIVIL LAW, APPROVED BY AN INTERGOVERNMENTAL INSTITUTION WHICH ARE NEITHER TREATY, NOR COMPILATION OF USAGES, NOR STANDARD TERMS OF CONTRACT BUT IN FACT ARE A MANIFESTATION OF TRANSNATIONAL LAW" - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW) CONTRACT INTERPRETATION - ACCORDING TO COMMON INTENTION OF PARTIES - RELEVANCE OF PRELIMINARY NEGOTIATIONS - REFERENCE TO ARTICLES 4.1 AND 4.3 UNIDROIT PRINCIPLES MERGER CLAUSE - REFERENCE TO ARTICLE 2.1.17 UNIDROIT PRINCIPLES INCONSISTENT BEHAVIOUR - REFERENCE TO ARTICLE 1.8 UNIDROIT PRINCIPLES DUTY TO USE BEST EFFORTS - REFERENCE TO ARTICLE 5.1.4 UNIDROIT PRINCIPLES

International Centre for Settlement of Investment Disputes (ICSID) International Centre for Settlement of Investment Disputes (ICSID) 03-03-2010 STATE CONTRACTS - LONG-TERM CONTRACTS - CONCESSION AGREEMENT -BETWEEN GREEK AND ISRAELI INVESTORS AND THE GEORGIAN GOVERNMENT - CONCERNING THE CONSTRUCTION AND OPERATION OF OIL PIPELINES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW) DISPUTE BETWEEN PARTIES AS TO SCOPE OF THE CONCESSION - WHETHER EXTRINSIC EVIDENCE ADMISSIBLE FOR THE PURPOSE OF CONSTRUING THE CONCESSION AGREEMENT - REFERENCE BY ONE OF THE PARTIES TO UNIDROIT PRINCIPLES IN SUPPORT OF ADMISSIBILITY - ARBITRAL TRIBUNAL, THOUGH WITHOUT EXPRESSLY REFERRING TO UNIDROIT PRINCIPLES, BASICALLY CONCURRED

International Centre for Settlement of Investment Disputes (ICSID) International Centre for Settlement of Investment Disputes (ICSID) 16-06-2010 STATE CONTRACTS - LONG-TERM CONTRACTS - CONCESSION CONTRACT - BETWEEN FRENCH AND ARGENTINIAN COMPANIES AND THE MEXICAN GOVERNMENT – BIT AND GENERAL INTERNATIONAL LAW APPLICABLE - REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF GENERAL PRINCIPLE OF INTERNATIONAL LAW DAMAGES – COMPENSATION DUE ONLY FOR HARM, INCLUDING FUTURE HARM, ESTABLISHED WITH REASONABLE DEGREE OF CERTAINTY – REFERENCE TO ART. 36 ILC DRAFT ARTICLES ON RESPONSIBILITY OF STATES FOR INTERNATIONALLY WRONGFUL ACTS OF 2001 AND TO ART. 7.4.3 UNIDROIT PRINCIPLES

International Centre for Settlement of Investment Disputes (ICSID) International Centre for Settlement of Investment Disputes (ICSID) 28-03-2011 STATE CONTRACTS – SETTLEMENT AGREEMENT - BETWEEN A UNITED STATES NATIONAL AND THE UKRAINIAN GOVERNMENT - ALLEGED BREACH OF SETTLEMENT AGREEMENT - APPLICATION BY ARBITRAL TRIBUNAL OF THE UNIDROIT PRINCIPLES AS "A PRIVATE CODIFICATION OF CIVIL LAW, APPROVED BY AN INTERGOVERNMENTAL INSTITUTION WHICH ARE NEITHER TREATY, NOR COMPILATION OF USAGES, NOR STANDARD TERMS OF CONTRACT BUT IN FACT ARE A MANIFESTATION OF TRANSNATIONAL LAW" - REFERENCE TO UNIDROIT PRINCIPLES TO SUPPLEMENT APPLICABLE LAW (INTERNATIONAL LAW) DAMAGES FOR LOST PROFITS - TO BE DISTINGUISHED FROM DAMAGES FOR SIMPLE LOSS OF A CHANCE - REFERENCE TO THE EXAMPLE IN COMMENT 2 TO ART. 7.4.3 UNIDROIT PRINCIPLES INCONSISTENT BEHAVIOUR - REFERENCE TO ARTICLE 1.8 UNIDROIT PRINCIPLES

International Centre for Settlement of Investment Disputes (ICSID) International Centre for Settlement of Investment Disputes (ICSID) 12-05-2011 DISPUTE BETWEEN A SWISS COMPANY AND THE GOVERNMENT OF THE CENTRAL AFRICAN REPUBLIC - CONCERNING MEASURES ADOPTED BY THE LATTER NEGATIVELY AFFECTING FOREIGN INVESTMENTS IN THE TOBACCO SECTOR - ICSID ARBITRATION CLAUSE CONTAINED IN A MEMORANDUM OF UNDERSTANDING (PROTOCOL OF AGREEMENT) CONCLUDED BETWEEN THE PARTIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW) JURISDICTION OF ICSID ARBITRAL TRIBUNAL CHALLENGED ON THE GROUND THAT AGREEMENT CONTAINING THE ARBITRATION CLAUSE WAS NULL AND VOID - LACK OF PRIOR APPROVAL BY THE MINISTRY OF FINANCE - RESPONDENT CANNOT INVOKE THE VIOLATION OF ITS LOCAL LAW TO CONSIDER ITS CONSENT TO ARBITRATION VITIATED OR NULL SEVERABILITY OF THE ARBITRATION CLAUSE - CLAIMANT INVOKING ART. 3.16 UNIDROIT PRINCIPLES ON PARTIAL AVOIDANCE [NOW ART. 3.2.13] - ARBITRAL TRIBUNAL CONCURS

International Centre for Settlement of Investment Disputes (ICSID) International Centre for Settlement of Investment Disputes (ICSID) 31-10-2011 DISPUTE BETWEEN A UNITED STATES INVESTOR AND THE ARGENTINIAN GOVERNMENT - CONCERNING ALLEGED VIOLATION BY THE LATTER OF BILATERAL INVESTMENT TREATY (BIT) - ARBITRAL TRIBUNAL DECIDED TO APPLY THE BIT AND "INTERNATIONAL LAW, WHEN APPLICABLE" - REFERENCE TO UNIDROIT PRINCIPLES "A SORT OF INTERNATIONAL RESTATEMENT OF THE LAW OF CONTRACTS REFLECTING RULES AND PRINCIPLES APPLIED BY THE MAJORITY OF NATIONAL LEGAL SYSTEMS". DEFENDANT INVOKING FORCE MAJEURE AS EXCUSE FOR VIOLATION OF BIT - OBJECTION REJECTED ON GROUND OF GENERAL PRINCIPLE OF "PRECLUSION OF WRONGFULNESS" - REFERENCE TO ARTICLES 6.2.2, 7.1.6 AND 7.1.7 UNIDROIT PRINCIPLES

International Centre for Settlement of Investment Disputes (ICSID) International Centre for Settlement of Investment Disputes (ICSID) 01-06-2012 DISPUTE BETWEEN A UNITED STATES COMPANY AND THE SALVADORAN GOVERNMENT OVER THE LATTER'S ARBITRARY REFUSAL TO GRANT THE FORMER A MINING EXPLOITATION CONCESSION - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW) JURISDICTION OF ICSID ARBITRAL TRIBUNAL CHALLENGED ON THE GROUND THAT DISPUTE HAD ARISEN WHEN CLAIMANT WAS NOT YET A UNITED STATES COMPANY BREACH OF AN OBLIGATION UNDER INVESTMENT TREATY BY OMISSION - EXPLICIT REFUSAL TO GRANT CONCESSION NOT NECESSARY - MERE FAILURE TO RESPOND TO APPLICATION SUFFICIENT - REFERENCE TO ARTICLE 7.1.1 UNDIROIT PRINCIPLES

International Centre for Settlement of Investment Disputes (ICSID) International Centre for Settlement of Investment Disputes (ICSID) 18-04-2017 STATE CONTRACTS – SHARE PURCHASE AGREEMENT - BETWEEN TWO ITALIAN NATIONALS AND THE ROMANIAN GOVERNMENT - ALLEGED VIOLATION BY THE LATTER OF BILATERAL INVESTMENT TREATY - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW) COMPENSATION FOR LOSS OF OPPORTUNITY - CAN BE AWARDED ON THE BASIS OF INTERNATIONAL LAW - REFERENCE TO ART. 7.4.3 UNIDROIT PRINCIPLES DETERMINATION OF EXTENT OF HARM - DISCRETIONARY POWER OF COURTS WHERE AMOUNT CANNOT BE ESTABLISHED WITH SUFFICIENT DEGREE OF CERTAINTY - IN CASE OF LOSS OF OPPORTUNITY MUST BE TAKEN IN CONSIDERATION THE PROBABILITY OF THE CHANCE COMING TO FRUITION - REFERENCE TO THE EXAMPLE IN COMMENT 2 TO ART. 7.4.3 UNIDROIT PRINCIPLES

International Centre for Settlement of Investment Disputes (ICSID) International Centre for Settlement of Investment Disputes (ICSID) 30-10-2017 STATE CONTRACTS – LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN TWO SWISS COMPANIES AND THE VENEZUELAN GOVERNMENT - ALLEGED VIOLATION BY THE LATTER OF BILATERAL INVESTMENT TREATY - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW) DETERMINATION OF EXTENT OF HARM - DISSENTING OPINION OF ONE OF THE ARBITRATORS - COMPENSATION ONLY FOR FORESEEABLE HARM - REFERENCE TO ART. 7.4.4 UNIDROIT PRINCIPLES AND ART. 74 CISG DETERMINATION OF EXTENT OF HARM - DISSENTING OPINION OF ONE OF THE ARBITRATORS - LOSS OF PROFITS CALCULATED AS THE DIFFERENCE BETWEEN THE CONTRACT PRICE AND THE PRICE PAID BY THE BUYER FOR REPLACEMENT GOODS OR THE DIFFERENCE BETWEEN THE CONTRACT PRICE AND THE MARKET PRICE AT THE TIME DELIVERIES SHOULD HAVE BEEN MADE IF REPLACEMENT GOODS ARE NOT PURCHASED - REFERENCE TO ARTS. 7.4.5-7.4.6 UNIDROIT PRINCIPLES AND ART. 75-76 CISG

Iranian-U.S. Arbitral Tribunal Iranian-U.S. Arbitral Tribunal (Full Tribunal) 02-07-2014 DISPUTE BETWEEN IRAN AND THE UNITED STATES OF AMERICA CONCERNING ALLEGED BREACH BY UNITED STATES OF ITS OBLIGATION UNDER ARTICLE VII, PARAGRAPH 2, OF THE 1981 CLAIMS SETTLEMENT DECLARATION ESTABLISHING THE IRAN-UNITED STATES CLAIMS TRIBUNAL – ACCORDING TO ARTICLE V OF THE 1981 CLAIMS SETTLEMENT DECLARATION TRIBUNAL BOUND TO “DECIDE ALL CASES ON THE BASIS OF RESPECT FOR LAW, APPLYING SUCH CHOICE OF LAW RULES AND PRINCIPLES OF COMMERCIAL AND INTERNATIONAL LAW AS THE TRIBUNAL DETERMINES TO BE APPLICABLE, TAKING INTO ACCOUNT RELEVANT USAGES OF TRADE, CONTRACT PROVISIONS AND CHANGED CIRCUMSTANCES” UNITED STATES ORDERED TO PAY IRAN DAMAGES PLUS INTEREST – INTEREST CALCULATED “AT AN ANNUAL RATE EQUAL TO THE AVERAGE PRIME BANK LENDING RATE IN THE UNITED STATES” – TRIBUNAL SO DECIDED “[…] ALSO MINDFUL OF ARTICLE 7.4.9 (2) OF THE UNIDROIT PRINCIPLES 2010”

Netherlands Gerechtshof Den Haag 11-09-2013 STATE CONTRACTS - SUPPLY CONTRACT - BETWEEN AN ENGLISH COMPANY AND AN IRANIAN GOVERNMENT AGENCY - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW) REQUEST FOR SETTING ASIDE OF ARBITRAL AWARDS APPLYING THE UNIDROIT PRINCIPLES AS RULES OF LAW GOVERNING THE SUBSTANCE OF THE DISPUTE - REQUEST REJECTED BY COURT (DUTCH COURT) APPLICATION BY ARBITRAL TRIBUNAL ON ITS OWN MOTION OF ARTICLE 7.4.3(3) UNIDROIT PRINCIPLES - OBJECTION THAT ARBITRAL TRIBUNAL HAD EXCEEDED ITS MANDATE - REJECTED LIMITATION PERIODS - A PARTY'S OBJECTION THAT OTHER PARTY'S CLAIMS WERE TIME-BARRED REJECTED BY ARBITRAL TRIBUNAL AS THE 1994 EDITION OF UNIDROIT PRINCIPLES DID NOT ADDRESS THE ISSUE LIMITATION PERIODS - ARGUMENT THAT THE ISSUE WAS ADDRESSED IN THE SUBSEQUENT 2004 EDITION OF UNIDROIT PRINCIPLES REJECTED - RETROACTIVE EFFECT OF SUBSEQUENT EDITIONS OF UNIDROIT PRINCIPLES DENIED

Venezuela Civil Chamber of the Venezuelan Supreme Court 02-12-2014 CONTRACT BETWEEN A VENEZUELAN COMPANY AND A DUTCH COMPANY - SILENT AS TO APPLICABLE LAW - CONTRACT GOVERNED BY THE LAW WITH WHICH IT IS MOST DIRECTLY CONNECTED - TO BE DETERMINED ON THE BASIS, AMONG OTHERS, OF GENERAL PRINCIPLES OF INTERNATIONAL COMMERCIAL LAW RECOGNIZED BY INTERNATIONAL ORGANIZATIONS (ART. 30 VENEZUELAN ACT ON PRIVATE INTERNATIONAL LAW) - UNIDROIT PRINCIPLES EXPRESSLY REFERRED TO AS AN EXAMPLE OF SUCH GENERAL PRINCIPLES

Venezuela Civil Chamber of the Venezuelan Supreme Court 17-03-2023 BILL OF EXCHANGE - SIGNED BY VENEZUELAN INDIVIDUALS IN CURAÇAO – APPLICABLE LAW IN THE ABSENCE OF A CHOICE OF THE PARTIES – REFERENCE TO LEX MERCATORIA CONTAINED IN THE NATIONAL PRIVATE INTERNATIONAL LAW - APPLICATION OF THE UNIDROIT PRINCIPLES AS AN EXPRESSION OF THE LEX MERCATORIA LAW APPLICABLE TO A BILL OF EXCHANGE - MONETARY OBLIGATION FOR WHICH THE PARTIES DID NOT CHOOSE THE APPLICABLE LAW - OBLIGATION SUBJECT TO THE LAW OF THE PLACE OF PERFORMANCE - OBLIGEE’S PLACE OF BUSINESS” AS THE PLACE OF PERFORMANCE (ART. 6.1.6[1][a] UNIDROIT PRINCIPLES).