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
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
Arbitral Award Zürich Chamber of Commerce 25-11-1994 CONTRACT GOVERNED BY A SPECIFIC DOMESTIC LAW (SWISS LAW) - REFERENCE BY ARBITRAL TRIBUNAL TO THE UNIDROIT PRINCIPLES TO CONFIRM THAT THE RELEVANT RULES OF THE SWISS LAW OF OBLIGATIONS ENJOY WORLWIDE CONSENSUS INTERPRETATION OF A CONTRACTUAL PROVISION - REAL INTENTION OF THE PARTIES - INTERPRETATION IN GOOD FAITH - INTERPRETATION OF THE CONTRACTUAL PROVISION ACCORDING TO THE UNDERSTANDING OF THE AVERAGE HONEST AND DILIGENT BUSINESS PERSON (ARTS. 4.1 - 4.2 UNIDROIT PRINCIPLES) VALIDITY OF THE ARBITRATION AGREEMENT - MATERIAL MISTAKE AS ONE RELATING TO FACTS THAT THE MISTAKEN PARTY CONSIDERED A NECESSARY BASIS OF THE CONTRACT (ART. 3.5 UNIDROIT PRINCIPLES)
Arbitral Award ICC International Court of Arbitration - Basle 8128 00-00-1995 SALES CONTRACT - BETWEEN AN AUSTRIAN SELLER AND A SWISS BUYER - GOVERNED BY CISG FUNDAMENTAL BREACH (ART. 25 CISG) - SELLER'S FAILURE TO GIVE BUYER CORRECT INSTRUCTIONS AS TO PACKAGING FUNDAMENTAL BREACH (ART. 25 CISG) - LATE DELIVERY - KNOWLEDGE OF SELLER THAT DATE FOR DELIVERY IS ESSENTIAL TO BUYER FIXING OF ADDITIONAL TIME FOR PERFORMANCE NOT NECESSARY AVOIDANCE - DECLARATION OF AVOIDANCE - INVITATION TO PERFORM UNDER THREAT OF AVOIDANCE - NO SUCCESSIVE DECLARATION NEEDED DAMAGES - SUBSTITUTE TRANSACTION - REASONABLENESS OF SUBSTITUTE TRANSACTION (ART. 75 CISG) - REQUIREMENTS INTEREST (ART. 78 CISG) - INTEREST ON OTHER SUMS IN ARREARS - ACCRUAL INTEREST - RULE OF AVERAGE BANK LENDING RATE TO PRIME BORROWERS CONTAINED IN ART. 7.4.9 UNIDROIT PRINCIPLES AND ART. 4.507 OF PRINCIPLES OF EUROPEAN CONTRACT LAW AS A GENERAL PRINCIPLE UNDERLYING CISG (ART. 7(2) CISG) - LIBOR RATE APPLICABLE
Arbitral Award ICC International Court of Arbitration - Brussels 8240 00-07-1995 LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - PLURALITY OF PARTIES OF DIFFERENT NATIONALITIES (SWISS, SINGAPOREAN, BELGIAN) - GOVERNED BY DOMESTIC LAW (SWISS LAW) - REFERENCE BY ARBITRAL TRIBUNAL TO THE UNIDROIT PRINCIPLES FOR CONFIRMATION AT INTERNATIONAL LEVEL OF A SIMILAR RULE OF SWISS LAW PAYMENT IN LOCAL CURRENCY ART. 6.1.9(3) UNIDROIT PRINCIPLES TO DETERMINE EXCHANGE RATE
Arbitral Award ICC International Court of Arbitration, Lugano 9419 00-09-1998 SALES CONTRACT - BETWEEN A SWISS COMPANY AND A LIECHTENSTEIN IMPORTER - SILENT AS TO APPLICABLE LAW - PARTY'S REQUEST THAT ARBITRAL TRIBUNAL APPLY LEX MERCATORIA AND UNIDROIT PRINCIPLES - EXCLUSION OF UNIDROIT PRINCIPLES (ART. 13(3) ICC RULES) BECAUSE "THEY CANNOT CONSTITUTE A NORMATIVE BODY IN THEMSELVES THAT CAN BE CONSIDERED AS AN APPLICABLE SUPRANATIONAL LAW TO REPLACE A NATIONAL LAW".
Arbitral Award ICC International Court of Arbitration, Geneva 9333 00-10-1998 SERVICE CONTRACT - BETWEEN A MOROCCAN PARTY AND A FRENCH PARTY - PARTIES' CHOICE OF DOMESTIC LAW (SWISS LAW) AS LAW GOVERNING THE CONTRACT - REFERENCE BY ARBITRAL TRIBUNAL TO CISG AND UNIDROIT PRINCIPLES AS USAGES OF INTERNATIONAL TRADE INTEREST (ART. 7.4.9 UNIDROIT PRINCIPLES) (ART. 78 CISG) (ART. 104 SWISS CODE OF OBLIGATIONS)
Arbitral Award ICC International Court of Arbitration 9651 00-08-2000 SUPPLY AND INSTALLATION CONTRACT - BETWEEN A GERMAN COMPANY AND AN INDIAN COMPANY - CHOICE OF LAW CLAUSE REFERRING TO SWISS LAW – SCOPE – INTERPRETATION ACCORDING TO UNDERSTANDING OF REASONABLE BUSINESS PEOPLE FRAUD AND MISREPRESENTATION IN CONTRACT NEGOTIATION – APPLICABLE DOMESTIC LAW (SWISS LAW) IN ACCORDANCE WITH “COMMON UNDERSTANDING OF ALL CIVILIZED JURISPRUDENCE” – REFERENCE TO ARTICLES 2.15(2)[ART. 2.1.15(2) OF THE 2004 EDITION], 3.8 AND 3.9 OF THE UNIDROIT PRINCIPLES.
Arbitral Award ICC International Court of Arbitration 9950 00-06-2001 LONG-TERM CONTRACTS - CONTRACT FOR THE SUPPLY OF INDUSTRIAL PLANT AND SUPERVISION OF ITS CONSTRUCTION - BETWEEN AN EGYPTIAN AND A FRENCH COMPANY - GOVERNED BY EGYPTIAN LAW DELAY IN COMPLETION OF PLANT - CLAIM BY PURCHASER FOR DAMAGES FOR LOSS OF PROFITS - IN DECIDING IN FAVOUR OF CLAIMANT, ARBITRAL TRIBUNAL REFERRED NOT ONLY TO EGYPTIAN LAW BUT ALSO TO SWISS LAW AS THE LAW OF THE PLACE OF ARBITRATION AND TO THE UNIDROIT PRINCIPLES (ARTICLES 7.4.1 - 7.4.3).
Arbitral Award ICC International Court of Arbitration 11295 00-12-2001 CONTRACT FOR TRANSFER OF RIGHTS - BETWEEN A SWISS COMPANY AND A POLISH COMPANY - LEGAL ISSUE AT STAKE NOT SPECIFICALLY ADDRESSED BY APPLICABLE DOMESTIC LAW (POLISH LAW) - ARBITRAL TRIBUNAL ENTITLED TO RESORT TO INTERNATIONAL INSTRUMENTS SUCH AS THE UNIDROIT PRINCIPLES CONTRACT INTERPRETATION AND SUPPLEMENTING - ACCORDING TO COMMON INTENTION OF PARTIES, PURPOSE OF THE CONTRACT AND GOOD FAITH (ARTICLE 65(2) OF THE POLISH CIVIL CODE AND ARTICLES 4.1(1) AND 4.8(2) OF THE UNIDROIT PRINCIPLES
Arbitral Award ICC International Court of Arbitration 10865 00-00-2002 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
Arbitral Award Arbitration Court of the Lausanne Chamber of Commerce and Industry 17-05-2002 SATELLITE CONTRACT - PLURALITY OF PARTIES OF DIFFERENT NATIONALITIES (TURKISH, WEST INDIAN, PHILIPPINE) - CONTRACT CONTAINING CONFLICTING PROVISIONS AS TO THE APPLICABLE LAW (ENGLISH LAW OR SWISS LAW) - AT BEGINNING OF ARBITRAL PROCEEDINGS PARTIES AGREED ON APPLICATION OF THE UNIDROIT PRINCIPLES. NON-PERFORMANCE OF CONTRACT - DUTY TO ACT IN GOOD FAITH - DUTY OF CONFIDENTIALITY - CONTRA PROFERENTEM RULE - REFERENCE BY ARBITRAL TRIBUNAL TO ARTICLES 1.7, 2.16 AND 4.6 OF THE UNIDROIT PRINCIPLES. RIGHT TO DAMAGES - COMPENSATION FOR HARM SUSTAINED BY AGGRIEVED PARTY AS A RESULT OF NON-PERFORMANCE - NON-PERFORMING PARTY LIABLE ONLY FOR FORESEEABLE HARM - REFERENCE BY ARBITRAL TRIBUNAL TO ARTICLES 7.4.1, 7.4.2 AND 7.4.4 OF THE UNIDROIT PRINCIPLES.
Arbitral Award Arbitration Court of the Lausanne Chamber of Commerce and Industry 31-01-2003 SATELLITE CONTRACT - PLURALITY OF PARTIES OF DIFFERENT NATIONALITIES (TURKISH, WEST INDIAN, PHILIPPINE) - CONTRACT CONTAINING CONFLICTING PROVISIONS AS THE THE APPLICABLE LAW (ENGLISH LAW OR SWISS LAW) - AT THE BEGINNING OF THE ARBITRAL PROCEEDINGS PARTIES AGREED ON APPLICATION OF THE UNIDROIT PRINCIPLES. RIGHT TO DAMAGES FOR NON-PERFORMANCE - COMPENSATION DUE FOR HARM CAUSED BY NON-PERFORMANCE - AMOUNT OF COMPENSABLE HARM TO BE REDUCED IF HARM IN PART DUE TO AGGRIEVED PARTY (ARTICLES 7.4.2 AND 7.4.7 OF THE UNIDROIT PRINCIPLES). RIGHT TO INTEREST (7.4.9 AND 7.4.10 OF THE UNIDROIT PRINCIPLES).
Arbitral Award China International Economic and Trade Arbitration Commission (CIETAC) 00-09-2004 SALES CONTRACT - BETWEEN A SWISS SELLER AND A CHINESE BUYER – SILENT AS TO APPLICABLE LAW – CISG APPLICABLE AS PARTIES SITUATED IN TWO DIFFERENT CONTRACTING STATES – CISG NOT A “COMPLETE CODE” - TO BE APPLIED IN CONJUNCTION WITH OTHERWISE APPLICABLE DOMESTIC LAW (IN THE CASE AT HAND CHINESE LAW AS CHINA BEING THE PLACE OF ARBITRATION) LIQUIDATED DAMAGES CLAUSES AND PENALTY CLAUSES NOT DEALT WITH BY CISG – GAP CANNOT BE FILLED BY REFERENCE TO ARTICLE 7.4.13 OF THE UNIDROIT PRINCIPLES – RECOURSE TO APPLICABLE DOMESTIC LAW (ARTICLE 114 OF THE CHINESE CONTRACT LAW) DETERMINATION OF AMOUNT OF DAMAGES PAYABLE BY PARTY IN BREACH – REFERENCE TO ARTICLES 74 AND 76 CISG AND TO ARTICLE 7.4.6 OF THE UNIDROIT PRINCIPLES
Arbitral Award ICC International Court of Arbitration 09-10-2006 SALES CONTRACT - BETWEEN TWO EUROPEAN COMPANIES - SWISS LAW APPLICABLE - REFERENCE TO UNIDROIT PRINCIPLES TO CONFIRM SOLUTION ADOPTED UNDER SWISS LAW SELLER'S FAILURE TO PERFORM DUE TO BUYER'S BEHAVIOUR - BUYER MAY NOT RELY ON SELLER'S NON-PERFORMANCE (ARTICLE 7.1.2 UNIDROIT PRINCIPLES) SELLER'S IMPOSSIBILITY TO PERFORM DUE TO BUYER'S BEHAVIOUR - CONTRACT NOT NULLIFIED (COMMENT 3(A) TO ARTICLE 7.2.2 UNIDROIT PRINCIPLES
Arbitral Award World Intellectual Property Organization Arbitration and Mediation Center (Geneva) 25-01-2007 LONG-TERM CONTRACTS - LICENSING AND JOINT RESEARCH AGREEMENT - BETWEEN A FRENCH INVESTOR AND A GERMAN MANUFACTURING COMPANY - SWISS LAW AS GOVERNING LAW - REFERENCE TO UNIDROIT PRINCIPLES UNJUSTIFIED TERMINATION OF AGREEMENT - COMPENSATION OF LOSS OF A CHANCE - TO BE PROPORTIONATE TO THE PROBABILITY OF ITS OCCURRENCE (ARTICLE 7.4.3(2) UNIDROIT PRINCIPLES) HARM DUE IN PART TO THE AGGRIEVED PARTY - AMOUNT OF DAMAGES TO BE REDUCED PROPORTIONALLY (ARTICLE 7.4.7 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 International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 19-12-2008 SALES CONTRACT - PLURALITY OF PARTIES OF DIFFERENT NATIONALITIES (RUSSIAN, ITALIAN, SWISS) - GOVERNED BY CISG TRANSFER OF OBLIGATION TO PAY THE PRICE FROM ORIGINAL BUYER TO A THIRD PERSON - REFERENCE TO ARTICLE 9.2.1 LIT. A) UNIDROIT PRINCIPLES 2004 REFLECTING A PRACTICE WIDELY USED INTERNATIONAL COMMERCIAL PRACTICE
Arbitral Award ICC International Court of Arbitration 16369 00-00-2011 COMMODITY SALES CONTRACT - BETWEEN A KOSOVAR SELLER AND A SWISS BUYER - CHOICE OF LAW IN FAVOUR OF SWISS LAW – CISG APPLICABLE AS PART OF SWISS LAW – UNIDROIT PRINCIPLES USED TO INTERPRET AND SUPPLEMENT THE CISG ACCORDING TO UNCITRAL ENDORSEMENT HARDSHIP - COLLAPSE OF THE PRICE OF COMMODITY – DOES NOT EXCUSE NON-PERFORMANCE IF THE PARTIES AGREED TO SHARE THE RISK OF HEAVY MARKET FLUCTUATIONS (ART. 6.2.2 LIT. D UNIDROIT PRINCIPLES) HARDSHIP - ADAPTATION OF THE CONTRACT - TO BE PREFERRED TO TERMINATION (ART. 6.2.3 (4B) UNIDROIT PRINCIPLES) DAMAGES – AGGRIEVED PARTY ENTITLED ONLY TO LOSS OF PROFITS - ONWARD SALE OF COMMODITY TO A THIRD PARTY INTEREST - RIGHT TO INTEREST - STATUTORY RATE PROVIDED FOR IN SWISS LAW - APPLIED AS REQUESTED BY THE AGGRIEVED PARTY - ARBITRAL TRIBUNAL STATING IN AN ASIDE TO PREFER UNIFORM LAW APPROACH - REFERENCE TO ART. 7.4.9 UNIDROIT PRINCIPLES TO SUPPLEMENT ART. 79 CISG
Arbitral Award ICC International Court of Arbitration 19127 00-00-2013 JOINT VENTURE AGREEMENT - BETWEEN COMPANIES OF TWO DIFFERENT STATES FOR TECHNICAL ASSISTANCE TO A THIRD STATE - ACCORDING TO THE JVA IN CASE OF DISPUTE PARTIES COULD HAVE RECOURSE TO "AN ARBITRATION COURT" AND THAT "THE FIDIC RULES WOULD APPLY" VALIDITY OF THE ARBITRATION AGREEMENT - ACCORDING TO ONE OF THE PARTIES TOO VAGUE AND THEREFORE INVALID - PARTIES UNABLE TO AGREE ON A PARTICULAR DOMESTIC LAW AS THE LAW GOVERNING THE ARBITRATION AGREEMENT - ARBITRAL TRIBUNAL DECIDED TO APPLY THE UNIDROIT PRINCIPLES TOGETHER WITH SWISS LAW (LAW OF THE SEAT OF ARBITRATION) ARBITRATION AGREEMENT NO LONGER EFFECTIVE - BY REASON OF THE PARTIES' CONDUCT SUBSEQUENT TO THE CONCLUSION OF THE JVA - TACIT WITHDRAWAL OF THE ARBITRATION AGREEMENT - REFERENCE TO ARTS. 1.2, 4.1 AND 4.3(3) UNIDROIT PRINCIPLES AND TO SIMILAR RULES OF THE SWISS LAW ARBITRATION AGREEMENT NO LONGER EFFECTIVE - TO INVOKE ITS VALIDITY WOULD AT LEAST FOR ONE OF THE PATIES AMOUNT TO AN INCONSISTENT BEHAVIOR - PROHIBITED BY ART. 1.8 UNIDROIT PRINCIPLES
China Xiamen Intermediate People’s Court 14-12-2004 SALES CONTRACT - BETWEEN A SWISS COMPANY AND A CHINESE COMPANY - CHOICE OF LAWS CLAUSE REFERRING TO CISG AND, FOR ISSUES NOT COVERED BY CISG, TO THE UNIDROIT PRINCIPLES
China Shaoguan Interm. People’s Court 05-09-2014 SALES CONTRACT - BETWEEN A SWISS COMPANY AND A CHINESE COMPANY - CHOICE-OF-LAW CLAUSE IN FAVOUR OF THE UNIDROIT PRINCIPLES (2004 EDITION)
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) 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
Switzerland Handelsgericht St.Gallen 12-11-2004 CONTRACT FOR TRANSFER OF FOOTBALL PLAYER - BETWEEN A SWISS COMPANY AND A GREEK COMPANY - PARTIES' CHOICE OF A-NATIONAL RULES OF LAW AS THE LAW GOVERNING THE CONTRACT - ADMISSIBLE PROVIDED THAT THE RULES IN QUESTION ARE TRANSNATIONAL IN CHARACTER AND SUFFICIENTLY COHERENT AND BALANCED AS TO CONTENT - EXPRESS REFERENCE TO THE UNIDROIT PRINCIPLES PARTIES' CHOICE OF THE FIFA RULES AS THE LAW GOVERNING THE CONTRACT - ADMISSIBLE
Switzerland Bundesgericht 20-12-2005 CONTRACT FOR THE TRANSFER OF A FOOTBALL PLAYER - BETWEEN A SWISS COMPANY AND A GREEK COMPANY QUESTION AS TO WHETHER PARTIES CAN CHOOSE ANATIONAL PRINCIPLES AND RULES AS THE LAW GOVERNING THE CONTRACT - OPEN QUESTION WITH RESPECT TO SETS OF GENERAL PRINCIPLES AND RULES PREPARED BY INDEPENDENT ACADEMICS AND COMPARABLE TO DOMESTIC LEGAL SYSTEMS AS TO INTRINSIC EQUILIBRIUM, COMPREHENSIVENESS AND GENERAL RECOGNITION SUCH AS THE UNIDROIT PRINCIPLES - QUESTION TO BE ANSWERED IN THE NEGATIVE WITH RESPECT TO SECTORIAL RULES PREPARED BY PRIVATE ASSOCIATIONS SUCH AS THE VARIOUS INTERNATIONAL SPORT ASSOCIATIONS PARTIES' CHOICE OF THE FIFA RULES AS THE LAW GOVERNING THE CONTRACT - AMOUNTS TO CONTRACTUAL INCORPORATION OF THE FIFA RULES WHICH WILL BIND PARTIES ONLY TO THE EXTENT THAT THEY DO NOT CONFLICT WITH MANDATORY PROVISIONS OF THE APPLICABLE DOMESTIC LAW
Switzerland Bundesgericht 16-12-2009 LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN A SOUTH AFRICAN COMPANY AND A UNITED STATES COMPANY - CHOICE OF LAW CLAUSE IN FAVOUR OF "DOMESTIC SWISS LAW" - APPLICATION OF CISG EXCLUDED CONTRACT PROVIDING TERMINATION IN CASE OF "MATERIAL BREACH" - CONCEPT OF "MATERIAL BREACH" UNKNOWN IN DOMESTIC SWISS LAW - INTERPRETATION OF THE CONTRACT ACCORDING TO ARTICLE 25 CISG AND ARTICLE 7.3.1 UNIDROIT PRINCIPLES CONTRACT INTERPRETATION UNDER DOMESTIC SWISS LAW - ABSENT A COMMON INTENTION BETWEEN THE PARTIES INTERPRETATION ACCORDING TO UNDERSTANDING OF A REASONABLE PERSON - INTERNATIONAL COMMERCIAL CONTRACTS - CISG AND UNIDROIT PRINCIPLES AS A MEANS OF DETERMINING UNDERSTANDING OF A REASONABLE PERSON
Switzerland Bundesgericht 10-02-2021 LONG-TERM CONTRACTS - INTERNATIONAL GAS SUPPLY CONTRACT - SILENT AS TO THE APPLICABLE LAW - REFERENCE BY THE ARBITRAL TRIBUNAL TO THE UNIDROIT PRINCIPLES SUPPLIER’S RIGHT TO WITHHOLD PERFORMANCE IN CASE OF BUYER’S NON-PERFORMANCE - APPLICATION BY THE ARBITRAL TRIBUNAL OF ARTICLE 7.1.3 UNIDROIT PRINCIPLES - ARBITRAL AWARD CONFIRMED BY THE SWISS FEDERAL COURT ALSO IN RELATION TO THE APPLICATION OF THE UNIDROIT PRINCIPLES
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).