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
Arbitral Award Ad hoc Arbitration, New York 00-00-0000 SALES CONTRACT - BETWEEN THE UNITED NATIONS ORGANIZATION AND A EUROPEAN COMPANY - IN THE CONTEXT OF A PEACE-KEEPING MISSION IN AFRICA - CONTRACT SILENT AS TO APPLICABLE LAW - PARTIES AGREED ON APPLICATION OF CISG AND UNIDROIT PRINCIPLES
Arbitral Award ICC International Court of Arbitration 00-00-0000 INTERNATIONAL SALES CONTRACT - GOVERNED BY CISG – RATE OF INTEREST – NOT DETERMINED BY CISG – REFERENCE TO ART. 7.4.9 UNIDROIT PRINCIPLES FIRST CRITERION AVERAGE PRIME RATE FOR CURRENCY OF PAYMENT AT PLACE OF PAYMENT (ART. 7.4.9(2) FIRST SENTENCE UNIDROIT PRINCIPLES) – IF NO SUCH RATE EXISTS RECOURSE TO AVERAGE PRIME RATE FOR CURRENCY OF PAYMENT IN STATE OF CURRENCY OF PAYMENT (ART. 7.4.9(2) FIRST SENTENCE UNIDROIT PRINCIPLES)
Arbitral Award ICC International Court of Arbitration 11869 00-00-0000 SALES CONTRACT - BETWEEN AUSTRALIAN SELLER AND BUYER OF UNKNOWN NATIONALITY - PARTIES' CHOICE OF ENGLISH LAW AS APPLICABLE LAW ARBITRATION AGREEMENT PROVIDING “FOR ARBITRATION IN VIENNA, AUSTRIA, IN ACCORDANCE TO THE RULES OF ARBITRATION” - TO BE UNDERSTOOD AS REFERENCE TO ARBITRATION TO BE HELD IN VIENNA IN ACCORDANCE WITH ICC RULES OF ARBITRATION - REFERENCE BY ARBITRAL TRIBUNAL TO PRINCIPLES OF “IN FAVOREM VALIDITATIS” AND “CONTRA PROFERENTEM” UNDER ENGLISH LAW AND TO PROVISIONS ON INTERPRETATION IN UNIDROIT PRINCIPLES WHICH ACCORDING TO ARBITRAL TRIBUNAL “THOUGH […] TO A LARGE EXTENT IDENTICAL TO THE ENGLISH CANONS OF CONSTRUCTION […] INCLUDE CERTAIN ADDITIONAL OR BROADER RULES THAT SUPPLEMENT THE ENGLISH PRINCIPLES TO AVOID THAT THE BAD DRAFTING LEADS TO THE UNCERTAINTY OF A CONTRACT”
Arbitral Award ICC International Court of Arbitration 18728 00-00-0000 SALES CONTRACT - BETWEEN A STATE OWNED COMPANY (BUYER), WHOSE MAJORITY OWNER WAS LITHUANIAN COMPANY, AND A CYPRIOT COMPANY (SELLER) - GOVERNED BY CYPRIOT LAW - REFERENCE TO UNIDROIT PRINCIPLES ACCORDING TO ART. 21 ICC RULES OF ARBITRATION (TRADE USAGES) - REFERENCE TO UNIDROIT PRINCIPLES IN ORDER TO SUPPLEMENT APPLICABLE DOMESTIC LAW (CYPRIOT LAW) BUYER FORCED BY ITS MAJORITY OWNER TO BUY THE EQUIPMENT FROM THE SELLER, FULLY CONTROLLED BY BUYER'S MAJORITY OWNER - SELLER'S PRICES HIGHLY INFLATED WITH RESPECT TO THE PRICES AT WHICH THE EQUIPMENT HAD BEEN PURCHASED FROM THE ORIGINAL MANUFACTURERS BUYER'S REQUEST FOR COMPENSATION OF THE DIFFERENCE BETWEEN THE ORIGINAL AND THE INFLATED PRICES - A PARTY WHO HAS NOT FREELY CONSENTED TO A CONTRACT MAY REQUEST EITHER TERMINATION OF CONTRACT OR PERFORMANCE AT THE CONDITIONS THAT IT WOULD HAVE OBTAINED IF THE GROUNDS FOR VITIATED CONSENT WERE REMOVED - REFERENCE TO ARTS. 1.7 AND 3.2.7 UNIDROIT PRINCIPLES
Arbitral Award Schiedsgericht Berlin 00-00-1990 SALES CONTRACT - BETWEEN AN ECONOMIC UNIT OF THE GERMAN DEMOCRATIC REPUBLIC AND AN ECONOMIC UNIT OF AN ANOTHER EASTERN EUROPEAN COUNTRY - CONTRACT GOVERNED BY DOMESTIC LAW (LAW OF THE GERMAN DEMOCRATIC REPUBLIC) HARDSHIP - RADICAL CHANGE IN THE ORIGINAL CONTRACTUAL EQUILIBRIUM - REFERENCE BY ARBITRAL TRIBUNAL TO THE UNIDROIT PRINCIPLES (ARTS. 6.2.1, 6.2.2, 6.2.3) TO DEMONSTRATE THAT SOLUTION REACHED UNDER APPLICABLE DOMESTIC LAW CORRESPONDED TO INTERNATIONALLY ACCEPTED PRINCIPLES
Arbitral Award Internationales Schiedsgericht der Bundeskammer der gewerblichen Wirtschaft - Wien 15-06-1994 SALES CONTRACT - BETWEEN AN AUSTRIAN SELLER AND A GERMAN BUYER APPLICATION OF THE 1980 VIENNA CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG) - CHOICE OF THE LAW OF A CONTRACTING STATE (AUSTRIAN LAW) AS GOVERNING LAW OF THE CONTRACT (ART. 1(1)(B) CISG) NON-CONFORMITY - NOTICE - WAIVER OF THE RIGHT TO SET UP DEFENSE OF UNTIMELY NOTICE - PARTIES' INTENT MUST BE CLEARLY ESTABLISHED PARTY ESTOPPED FROM CLAIMING DEFENSE OF UNTIMELY NOTICE - ESTOPPEL (VENIRE CONTRA FACTUM PROPRIUM) AS A GENERAL PRINCIPLE UNDERLYING CISG (ART. 7(2) CISG) INTEREST RATE MATTER NOT EXPRESSLY SETTLED BY CISG (ART. 7(2) CISG) - TO BE SETTLED IN CONFORMITY WITH THE GENERAL PRINCIPLES UNDERLYING CISG - FULL COMPENSATION (ARTS. 74 AND 78 CISG) AS A GENERAL PRINCIPLE OF CISG - AVERAGE PRIME RATE FOR CURRENCY OF PAYMENT IN THE CREDITOR'S COUNTRY (ART. 7.4.9 UNIDROIT PRINCIPLES)
Arbitral Award Internationales Schiedsgericht der Bundeskammer der gewerblichen Wirtschaft - Wien 15-06-1994 SALES CONTRACT - BETWEEN AN AUSTRIAN SELLER AND A GERMAN BUYER APPLICATION OF THE 1980 VIENNA CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG) - CHOICE BY PARTIES OF THE LAW OF A CONTRACTING STATE (AUSTRIAN LAW) AS GOVERNING LAW OF THE CONTRACT (ART. 1(1)(B) CISG) DUTY TO MITIGATE DAMAGES (ART. 77 CISG) - SUBSTITUTE SALE DIFFERENCE BETWEEN CONTRACT PRICE AND SUBSTITUTE SALE PRICE RIGHT TO INTEREST (ART. 78 CISG) - TIME OF ACCRUAL (ART. 58 CISG) INTEREST RATE - MATTER NOT EXPRESSLY SETTLED BY CISG (ART. 7(2) CISG) - TO BE SETTLED IN CONFORMITY WITH THE GENERAL PRINCIPLES UNDERLYING CISG - FULL COMPENSATION (ARTS. 74 AND 78 CISG) AS A GENERAL PRINCIPLE OF CISG - AVERAGE PRIME RATE FOR CURRENCY OF PAYMENT IN THE CREDITOR'S COUNTRY (ART. 7.4.9 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, Paris 7375 05-06-1996 STATE CONTRACTS - SALES CONTRACT - BETWEEN A UNITED STATES COMPANY AND A MIDDLE EASTERN GOVERNMENT AGENCY - SILENT AS TO APPLICABLE LAW - INTERPRETED BY ARBITRAL TRIBUNAL AS EXCLUSION OF THE DOMESTIC LAW OF BOTH PARTIES - REFERENCE TO THE UNIDROIT PRINCIPLES AS GENERAL PRINCIPLES AND RULES OF LAW APPLICABLE TO INTERNATIONAL CONTRACTUAL OBLIGATIONS WHICH QUALIFY AS RULES OF LAW AND WHICH HAVE EARNED A WIDE ACCEPTANCE AND INTERNATIONAL CONSENSUS IN THE INTERNATIONAL BUSINESS COMMUNITY LIMITATION OF CLAIMS - ISSUE NOT EXPRESSLY DEALT WITH IN THE UNIDROIT PRINCIPLES - PARTIES INVITED TO SUBMIT MEMORIALS ON SUBSTANCE HAVING REGARD TO APPLICABLE GENERAL PRINCIPLES OF LAW
Arbitral Award ICC International Court of Arbitration, Zürich 8486 00-09-1996 SALES CONTRACT - BETWEEN A TURKISH SELLER AND A DUTCH BUYER - GOVERNED BY DOMESTIC LAW (DUTCH LAW) - ARBITRAL TRIBUNAL REFERENCE TO THE UNIDROIT PRINCIPLES AS THE PREVAILING VIEW IN THE FIELD OF INTERNATIONAL COMMERCIAL CONTRACTS HARDSHIP - FUNDAMENTAL ALTERATION IN ORIGINAL CONTRACTUAL EQUILIBRIUM (ART. 6.258 DUTCH CIVIL CODE) (ART. 6.2.1 UNIDROIT PRINCIPLES)
Arbitral Award ICC International Court of Arbitration, Paris 8502 00-11-1996 SALES CONTRACT - BETWEEN A VIETNAMESE SELLER AND A DUTCH BUYER - SILENT AS TO APPLICABLE LAW - PARTIES' REFERENCE TO INCOTERMS 1990 AND UCP 500 - ARBITRAL TRIBUNAL'S INFERENCE OF PARTIES' INTENTION THAT CONTRACT BE GOVERNED BY TRADE USAGES AND GENERALLY ACCEPTED PRINCIPLES OF INTERNATIONAL TRADE - REFERENCE TO THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG) AND THE UNIDROIT PRINCIPLES AS EVIDENCING ADMITTED PRACTICES UNDER INTERNATIONAL TRADE LAW DETERMINATION OF DAMAGES DIFFERENCE BETWEEN CONTRACT PRICE AND MARKET PRICE AT TIME OF TERMINATION (ART. 76 CISG; ART. 7.4.6 UNIDROIT PRINCIPLES)
Arbitral Award Arbitration Court of the Hungarian Chamber of Commerce and Industry 17-11-1996 SALES CONTRACT - BETWEEN AN AUSTRIAN COMPANY AND AN HUNGARIAN COMPANY RATE OF INTEREST - STATUTORY RATE OF DEBTOR'S STATE MUCH HIGHER THAN STATUTORY RATE OF STATE OF CURRENCY OF PAYMENT - INFLATION RATE IN THE LATTER STATE MUCH LOWER THAN IN THE FORMER - RATE OF INTEREST OF THE LATTER APPLIED (ART. 7.4.9(2) UNIDROIT PRINCIPLES)
Arbitral Award Ad hoc Arbitration, Rome 04-12-1996 SALES CONTRACT - BETWEEN AN ENGLISH COMPANY AND AN ITALIAN COMPANY - PARTIES' CHOICE OF DOMESTIC LAW (ITALIAN LAW) AS LAW GOVERNING THE CONTRACT - ARBITRAL TRIBUNAL DUTY TO TAKE INTO ACCOUNT TRADE USAGES (ART. 834 ITALIAN CODE OF CIVIL PROCEDURE) REFERENCE TO THE UNIDROIT PRINCIPLES AS A PARAMETER OF THE PRINCIPLES AND USAGES OF INTERNATIONAL TRADE VALID CONCLUSION OF CONTRACT EVEN WITHOUT ASCERTAINABLE SEQUENCE OF OFFER AND ACCEPTANCE (ARTS. 1.2, 2.1, 2.6, 2.12 [ARTS. 2.1.1, 2.1.6, 2.1.12 OF THE 2004 EDITION] UNIDROIT PRINCIPLES) AVOIDANCE FOR MISTAKE (ARTS. 3.4 AND 3.5 UNIDROIT PRINCIPLES) OR FRAUD (ART. 3.8 UNIDROIT PRINCIPLES) GOOD FAITH ART. 1.7 UNIDROIT PRINCIPLES TO CONFIRM DUTY OF THE PARTIES THROUGHOUT THE CONTRACT DAMAGES REFERENCE TO ARTS. 7.4.1 7.4.5, 7.4.7 7.4.9 AND 7.4.12 UNIDROIT PRINCIPLES IN DETERMINATION OF DAMAGES
Arbitral Award International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 20-01-1997 SALES CONTRACT - BETWEEN A RUSSIAN TRADE ORGANIZATION AND A HONG KONG COMPANY - SILENT AS TO APPLICABLE LAW - EXPRESS AUTHORIZATION OF ARBITRAL TRIBUNAL TO APPLY THE UNIDROIT PRINCIPLES TERMINATION - RIGHT TO TERMINATION OF CONTRACT (ART. 7.3.1 UNIDROIT PRINCIPLES) - RESTITUTION OF GOODS DELIVERED (ART. 7.3.6 UNIDROIT PRINCIPLES) DAMAGES - RIGHT TO RECOVERY OF DIFFERENCE BETWEEN CONTRACT PRICE AND REPLACEMENT TRANSACTION (ART. 7.4.5 UNIDROIT PRINCIPLES)
Arbitral Award International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 05-06-1997 SALES CONTRACT - BETWEEN A BULGARIAN PARTY AND A RUSSIAN PARTY - GOVERNED BY CISG – UNIDROIT PRINCIPLES APPLIED AS MEANS TO INTERPRET AND SUPPLEMENT CISG (PREAMBLE OF UNIDROIT PRINCIPLES) – UNIDROIT PRINCIPLES APPLIED AS REFLECTING INTERNATIONAL USAGES (ART. 9(2) CISG) PENALTY CLAUSE – PAYMENT OF PENALTY FOR DELAY IN PAYMENT OF PRICE – MATTER NOT COVERED BY CISG – RECOURSE TO ART. 7.4.13 UNIDROIT PRINCIPLES AMOUNT OF PENALTY EXCESSIVE – REDUCTION TO REASONABLE AMOUNT (ART.7.4.13(2) UNIDROIT PRINCIPLES)
Arbitral Award International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 02-09-1997 SALES CONTRACT - BETWEEN A RUSSIAN PARTY AND AN ESTONIAN PARTY - GOVERNED BY DOMESTIC LAW – REFERENCE TO THE UNIDROIT PRINCIPLES FOR CONFIRMATION AT INTERNATIONAL LEVEL OF SIMILAR RULE PROVIDED FOR BY DOMESTIC LAW HARM DUE IN PART TO AGGRIEVED PARTY – DAMAGES REDUCED ACCORDINGLY (ART. 7.4.7 UNIDROIT PRINCIPLES)
Arbitral Award ICC International Court of Arbitration, Zürich 9117 00-03-1998 SALES CONTRACT - BETWEEN A RUSSIAN SELLER AND A CANADIAN BUYER - GOVERNED BY CISG - MATTERS OUTSIDE SCOPE OF CISG GOVERNED BY DOMESTIC LAW (RUSSIAN LAW) - REFERENCE TO UNIDROIT PRINCIPLES AS "THEY ARE SAID TO REFLECT A WORLD-WIDE CONSENSUS IN MOST OF THE BASIC MATTERS OF CONTRACT LAW" MERGER CLAUSE (ART. 2.17 [ART. 2.1.17 OF THE 2004 EDITION] UNIDROIT PRINCIPLES) WRITTEN MODIFICATION CLAUSE (ART. 29(2) CISG) (ART. 2.18 [ART. 2.1.18 OF THE 2004 EDITION] UNIDROIT PRINCIPLES) INTERPRETATION OF CONTRACT ACCORDING TO ESTABLISHED PRACTICE BETWEEN PARTIES (ART. 4.3 UNIDROIT PRINCIPLES)
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, Paris 8547 00-01-1999 INTERNATIONAL SALES CONTRACT - GOVERNED BY THE 1964 UNIFORM LAWS ON THE INTERNATIONAL SALE OF GOODS (ULIS) AND ON THE FORMATION OF CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (ULFC) - REFERENCE TO THE UNIDROIT PRINCIPLES AS A MEANS OF SUPPLEMENTING THE TWO INTERNATIONAL UNIFORM LAW INSTRUMENTS CONTRACT INTERPRETATION – CONTRACT TERMS TO BE INTERPRETED AS TO GIVE EFFECT TO AS MANY OF THEM AS POSSIBLE (UNIDROIT PRINCIPLES, ARTICLE 4.5) DELIVERY OF NON-CONFORMING GOODS – BUYER’S RIGHT TO STOP PAYMENT OF PRICE - APPLICATION OF GENERAL PRINCIPLE OF A PARTY’S RIGHT TO WITHHOLD PERFORMANCE IN CASE OF NON-PERFORMANCE BY THE OTHER PARTY (UNIDROIT PRINCIPLES, ARTICLE 7.1.3).
Arbitral Award International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 16-04-1999 SALES CONTRACT - BETWEEN A RUSSIAN PARTY AND AN ENGLISH PARTY - SILENT AS TO THE APPLICABLE LAW – REFERENCE BY TEH ARBITRAL TRIBUNAL TO UNIDROIT PRINCIPLES AS ONE OF RELEVANT LEGAL SOURCES INTERPRETATION OF A PARTY’S STATEMENTS AND CONDUCT – MEANING A REASONABLE PERSON OF SAME KIND AS THE OTHER PARTY WOULD GIVE TO IT (ART. 4.2(2) UNIDROIT PRINCIPLES)
Arbitral Award International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 28-05-1999 SALES CONTRACT - BETWEEN A BELGIAN COMPANY AND A RUSSIAN COMPANY - SILENT AS TO THE APPLICABLE LAW - UNIDROIT PRINCIPLES APPLICABLE ONLY IF AGREED BETWEEN THE PARTIES PENALTY CLAUSE - PENALTY FOR DELAY IN PAYMENT OF PRICE - PENALTY GROSSLY EXCESSIVE IN RELATION TO HARM SUFFERED BY AGGRIEVED PARTY - REDUCTION BY COURT (ART. 7.4.13(2)UNIDROIT PRINCIPLES)
Arbitral Award International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 27-07-1999 SALES CONTRACT - BETWEEN A RUSSIAN SELLER AND A SWEDISH BUYER - SILENT AS TO THE APPLICABLE LAW – APPLICATION OF THE UNIDROIT PRINCIPLES CONSIDERED TO REFLECT INTERNATIONAL USAGES AVOIDANCE OF CONTRACT FOR LACK OF AUTHORITY OF AGENT – NOTICE OF AVOIDANCE TO BE GIVEN WITHIN REASONABLE TIME AFTER AVOIDING PARTY KNEW OR COULD NOT HAVE BEEN UNAWARE OF RELEVANT FACTS (ART. 3.15 UNIDROIT PRINCIPLES)
Arbitral Award ICC International Court of Arbitration 7819 00-09-1999 INTERNATIONAL SALES CONTRACT - WITHOUT EXPRESS DETERMINATION OF PRICE – VALID IN INTERNATIONAL TRADE PRACTICE (SEE ARTICLE 55 CISG AND ARTICLE 5.7 [ART. 5.1.7 OF THE 2004 EDITION] UNIDROIT PRINCIPLES).
Arbitral Award International Court of Arbitration of the Chamber of Commerce and Industry of the Republic of Belarus 30-05-2000 SALES CONTRACT - BETWEEN BELORUSSIAN COMPANY AND FRENCH COMPANY - BELORUSSIAN LAW AS GOVERNING LAW - APPLICATION OF THE CISG SINCE PARTIES SITUATED IN TWO CONTRACTING STATES (ART. 1(1)(A) CISG) RIGHT TO INTEREST - RATE OF INTEREST NOT DETERMINED BY CISG - REFERENCE BY PLAINTIFF TO ART. 7.4.9(2)UNIDROIT PRINCIPLES - COURT DECIDING ACCORDINGLY
Arbitral Award International Court of Arbitration of the Chamber of Commerce and Industry of the Republic of Belarus 31-05-2000 SALES CONTRACT - BETWEEN BELARUSIAN COMPANY AND FRENCH COMPANY - BELORUSSIAN LAW AS GOVERNING LAW - APPLICATION OF THE CISG SINCE PARTIES SITUATED IN TWO CONTRACTING STATES (ART. 1(1)(A) CISG) RIGHT TO INTEREST - RATE OF INTEREST NOT DETERMINED BY CISG - PARTIES' REFERENCE TO ART. 7.4.9(2)UNIDROIT PRINCIPLES - COURT DECIDING ACCORDINGLY
Arbitral Award ICC International Court of Arbitration, Barranquilla (Colombia) 10346 00-12-2000 SALES CONTRACT - BETWEEN TWO COLOMBIAN COMPANIES - GOVERNED BY COLOMBIAN LAW – REFERENCE TO THE UNIDROIT PRINCIPLES TO DEMONSTRATE THAT THE SOLUTION FOUND UNDER DOMESTIC LAW CORRESPONDS TO MODERN INTERNATIONAL COMMERCIAL LAW. DUTY TO CO-OPERATE (ARTICLE 871 OF THE COMMERCIAL CODE OF COLOMBIA; ARTICLE 5.3 [ART. 5.1.3 OF THE 2004 EDITION] OF THE UNIDROIT PRINCIPLES. DUTY TO ACT IN GOOD FAITH (ARTICLE 1.7 OF THE UNIDROIT PRINCIPLES). DAMAGES – COMPENSATION FOR LOSS OF CHANCE (ARTICLE 7.4.3 OF THE UNIDROIT PRINCIPLES). DAMAGES – DUTY TO MITIGATE LOSSES (ARTICLE 7.4.8 OF THE UNIDROIT PRINCIPLES). DAMAGES – COMPENSATION LIMITED TO FORESEEABLE LOSSES (ARTICLE 7.4.4 OF THE UNIDROIT PRINCIPLES).
Arbitral Award Belorussian Chamber of Commerce and Industry International Court of Arbitration 22-12-2000 SALES CONTRACT - BETWEEN A BAHAMIAN COMPANY AND A BELORUSSIAN COMPANY - PARTIES AGREE ON APPLICATION OF BELORUSSIAN LAW - CISG APPLICABLE ACCORDING TO ART. 1(1)(B) DELAYED PAYMENT OF THE PRICE - SELLER ENTITLED TO INTEREST (ART. 78 CISG) - APPLICABLE RATE TO BE DETERMINED IN ACCORDANCE WITH APPLICABLE DOMESTIC LAW - RATE OF INTEREST DETERMINED BY BELARUS NATIONAL BANK NOT APPLICABLE TO SALE CONTRACT IN DISPUTE PLAINTIFF INVOKING RATE AS PROVIDED BY ART. 7.4.9 UNIDROIT PRINCIPLES - REQUEST DISMISSED BY ARBITRAL TRIBUNAL ON GROUND THAT UNIDROIT PRINCIPLES APPLY ONLY IF AGREED BETWEEN THE PARTIES
Arbitral Award ICC International Court of Arbitration 9771 00-01-2001 SALES CONTRACT - BETWEEN AN ITALIAN AND TWO CYPRIOT COMPANIES - DELIVERY OF NON-CONFORMING GOODS - CLAIM FOR DAMAGES INCLUDING INTEREST ON DAMAGES FROM THE TIME OF BREACH - REFERENCE IN CLAIM TO ARTICLE 7.4.10 OF THE UNIDROIT PRINCIPLES CONTRACT SILENT AS TO THE APPLICABLE LAW - ARBITRAL TRIBUNAL DECIDES IN FAVOUR OF CLAIMANT WITHOUT EXPRESSLY REFERRING TO EITHER A PARTICULAR DOMESTIC LAW OR TO THE UNIDROIT PRINCIPLES
Arbitral Award International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 25-01-2001 SALES CONTRACT - BETWEEN A RUSSIAN PARTY AND AN ENGLISH PARTY - SILENT AS TO THE APPLICABLE LAW – REFERENCE TO UNIDROIT PRINCIPLES AS ONE OF RELEVANT LEGAL SOURCES PENALTY CLAUSE – PAYMENT OF PENALTY FOR DELAY IN PAYMENT OF PRICE – PENALTY GROSSLY EXCESSIVE IN RELATION TO HARM SUFFERED BY AGGRIEVED PARTY (ART. 7.4.13(2) UNIDROIT PRINCIPLES)
Arbitral Award Camera arbitrale nazionale ed internazionale di Milano 28-09-2001 SALES CONTRACT - BETWEEN A CYPRIOT COMPANY AND AN ITALIAN COMPANY – CONTRACT GOVERNED BY CISG (CF. ARTS. 1 (A) AND 10 (A)), SUPPLEMENTED BY RUSSIAN LAW AS THE LAW MOST CLOSELY CONNECTED WITH THE CONTRACT BUYER’S FAILURE TO SUBMIT DOCUMENTS SELLER NEEDED TO EXPLAIN TO RUSSIAN EXPORT AND EXCHANGE CONTROL AUTHORITIES AN AGREED PRICE REDUCTION AND EXTENDED DATE OF PAYMENT – BREACH OF GENERAL DUTY OF COOPERATION BETWEEN PARTIES – REFERENCE BY ARBITRAL TRIBUNAL TO ART. 5.3 [NOW 5.1.3] OF UNIDROIT PRINCIPLES
Arbitral Award ICC International Court of Arbitration 11638 00-00-2002 INTERNATIONAL SALES CONTRACT - GOVERNED BY CISG - MATTERS GOVERNED BY THE CONVENTION BUT NOT EXPRESSLY SETTLED BY IT TO BE SETTLED ACCORDING TO GENERAL PRINCIPLES UNDERLYING THE CONVENTION - ONE OF THESE GENERAL PRINCIPLES IS THE NEED TO PROMOTE UNIFORMITY IN APPLYING THE CONVENTION - PRINCIPLE BEST ACHIEVED BY APPLICATION OF UNIDROIT PRINCIPLES INTERNATIONAL SALES CONTRACT - GOVERNED BY CISG - MATTERS NOT GOVERNED BY THE CONVENTION - TO BE SETTLED BY LAW APPLICABLE ACCORDING TO RELEVANT CONFLICT-OF-LAWS-RULES - ACCORDING TO ARTICLE 17 ICC ARBITRATION RULES APPLICATION OF UNIDROIT PRINCIPLES PREFERABLE TO ANY DOMESTIC LAW
Arbitral Award International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 06-11-2002 SALES CONTRACT - BETWEEN A RUSSIAN COMPANY AND A CANADIAN COMPANY INTERPRETATION OF CONTRACTS - APPLICABLE DOMESTIC LAW (RUSSIAN LAW) REFERRING TO "TRADE USAGES" (ARTICLE 431 OF THE RUSSIAN CIVIL CODE) – APPLICATION OF THE UNIDROIT PRINCIPLES AS RULES WIDELY USED IN INTERNATIONAL PRACTICE LINGUISTIC DISCREPANCIES BETWEEN TWO EQUALLY AUTHORITATIVE LANGUAGE VERSIONS OF THE CONTRACT (ARTICLE 4.7 OF THE UNIDROIT PRINCIPLES)
Arbitral Award ICC International Court of Arbitration 12097 00-00-2003 SALES CONTRACT - BETWEEN A FINNISH COMPANY AND A FRENCH COMPANY - SILENT AS TO THE APPLICABLE LAW – CISG APPLICABLE ACCORDING TO ARTICLE 1(1)(A) OF THE CONVENTION, THOUGH ONLY WITH RESPECT TO PART I AND III – ARBITRAL TRIBUNAL DECIDES TO APPLY THE UNIDROIT PRINCIPLES WITH RESPECT TO THE FORMATION OF THE CONTRACT AS WELL AS TO OTHER RESPECTS ACCORDING TO ARTICLE 7 AND 9 CISG.
Arbitral Award ICC International Court of Arbitration 11265 00-00-2003 SALES CONTRACT - BETWEEN A BERMUDIAN COMPANY AND A RWANDESE COMPANY - SILENT AS TO THE APPLICABLE LAW – CONTRACT WITH CONTACTS WITH A NUMBER OF JURISDICTIONS (BERMUDA, FRANCE, RWANDA, TANZANIA) NONE OF WHICH CLOSE ENOUGH TO JUSTIFY APPLICATION OF ANY OF THESE DOMESTIC LAWS – APPLICATION OF ANATIONAL PRINCIPLES AND RULES TO BE PREFERRED – PREFERENCE FOR THE UNIDROIT PRINCIPLES RATHER THAN TO VAGUE PRINCIPLES OF LEX MERCATORIA INTERPRETATION OF CONTRACT – TO BE DECIDED ACCORDING TO CRITERIA LAID DOWN IN ARTICLE 4.1 – 4.3 OF THE UNIDROIT PRINCIPLES
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 International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 04-04-2003 SALES CONTRACT - BETWEEN A RUSSIAN SELLER AND A GERMAN BUYER - GOVERNED BY CISG AND, WITH RESPECT TO ISSUES NOT COVERED BY IT, BY RUSSIAN LAW AS THE LAW OF THE SELLER (ART. 7 CISG IN CONJUNCTION WITH ART. 166 OF THE FUNDAMENTAL PRINCIPLES OF CIVIL LEGISLATION OF 1991) CONTRACT PROVIDED FOR A PENALTY IN CASE OF DELAYED PAYMENT OF THE PRICE - PENALTY AMOUNTING TO 0.5% OF PRICE FOR EACH DAY OF DELAY - CONSIDERED TO BE MANIFESTLY EXCESSIVE - PENALTY REDUCED BY COURT IN ACCORDANCE WITH CISG, ARTS. 333 AND 394 OF THE RUSSIAN CIVIL CODE AND ART. 7.4.13 OF THE UNIDROIT PRINCIPLES DEFINED AS "A CODE OF THE WELL-ESTABLISHED RULES OF INTERNATIONAL TRADE REFLECTING THE APPROACHES OF THE PRINCIPAL LEGAL SYSTEMS”.
Arbitral Award International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 06-06-2003 SALES CONTRACT - BETWEEN RUSSIAN SELLER AND SOUTH KOREAN BUYER - GOVERNED BY RUSSIAN LAW - CISG APPLICABLE ACCORDING TO ART. 1(1)(B). DEFECTIVE GOODS - CLAIM FOR DAMAGES BY BUYER - AMOUNT OF DAMAGES AWARDED REDUCED ON ACCOUNT OF THE FACT THAT HARM WAS DUE IN PART TO BUYER'S CONDUCT - REFERENCE TO ARTS. 74 AND 77 CISG AS WELL AS TO ART. 7.4.7 OF UNIDROIT PRINCIPLES (AS WELL AS RELATIVE COMMENT) WHICH EXPRESSLY ADDRESS THIS SITUATION
Arbitral Award ICC International Court of Arbitration 12111 03-10-2003 SALES CONTRACT - BETWEEN A ROMANIAN MANUFACTURER AND AN ENGLISH COMPANY - GOVERNED BY UNIDROIT PRINCIPLES - GOODS TO BE DELIVERED DIRECTLY TO BUYER'S CUSTOMERS - GOODS ALLEGEDLY DEFECTIVE - PARTIES' FAILURE TO SETTLE CUSTOMERS' CLAIMS - SALES CONTRACT TERMINATED DAMAGES - CONTRIBUTION OF AGGRIEVED PARTY TO HARM - APPORTIONMENT OF CONTRIBUTION TO THE HARM - DAMAGES REDUCED (ART. 7.4.7) INTEREST - TO BE PAID FROM DATE AMOUNT DUE UNTIL FULL PAYMENT MADE (ART. 7.4.9(2))
Arbitral Award ICC International Court of Arbitration 12460 00-00-2004 INTERNATIONAL SALES CONTRACT - GOVERNED BY CISG – GAPS IN THE CONVENTION TO BE FILLED ON THE BASIS OF THE GENERAL PRINCIPLES UNDERLYING THE CONVENTION - SUCH GENERAL PRINCIPLES ARE CONTAINED AND FURTHER DEVELOPED IN THE UNIDROIT PRINCIPLES
Arbitral Award ICC International Court of Arbitration 12446 00-00-2004 INTERNATIONAL SALES CONTRACT - GOVERNED BY JAPANESE LAW – ONE PARTY INVOKING APPLICATION OF PROVISIONS ON HARDSHIP CONTAINED IN THE UNIDROIT PRINCIPLES – APPLICATION DENIED AS THE UNIDROIT PRINCIPLES, THOUGH INDICATING “WELL THOUGHT GOOD RULES”, DO NOT REPRESENT “TRADE CUSTOMS OR USAGES PRACTICED WORLDWIDE BY BUSINESS PEOPLE OR BY JAPANESE BUSINESS PEOPLE”
Arbitral Award ICC International Court of Arbitration 12365 00-00-2004 INTERNATIONAL SALES CONTRACT - GOVERNED BY CISG - DEFENDANT INVOKES APPLICATION OF A PARTICULAR DOMESTIC LAW (DUTCH LAW) AND OF THE UNIDROIT PRINCIPLES TO SUPPLEMENT THE CISG - ARBITRAL TRIBUNAL DID NOT APPLY THE UNIDROIT PRINCIPLES
Arbitral Award International Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation 19-05-2004 SALES CONTRACT - BETWEEN RUSSIAN BUYER AND INDIAN SELLER - CONTRACT GOVERNED BY CISG - RATE OF INTEREST - ISSUE NOT ADDRESSED IN CISG - TO BE DETERMINED BY APPLICABLE DOMESTIC LAW ACCORDING TO ART. 395 OF RUSSIAN CIVIL CODE RATE OF INTEREST TO BE DETERMINED IN ACCORDANCE WITH RATE OF BANK INTEREST EXISTING ON THE DAY OF PERFORMANCE OF MONETARY OBLIGATION AT PLACE OF LOCATION OF CREDITOR - NO RATE OF BANK INTEREST FOR INDIAN CURRENCY IN RUSSIAN FEDERATION - REFERENCE TO UNIDROIT PRINCIPLES AS REFLECTING INTERNATIONAL TRADE PRACTICES ACCORDING TO ART. 7.4.9(2) UNIDROIT PRINCIPLES RATE OF INTEREST SHALL BE AVERAGE BANK SHORT-TERM LENDING RATE TO PRIME BORROWERS PREVAILING FOR CURRENCY OF PAYMENT AT PLACE FOR PAYMENT, OR WHERE NO SUCH RATE EXISTS AT THAT PLACE, THEN SAME RATE IN STATE OF CURRENCY OF PAYMENT - REFERENCE TO RATE INTEREST USED BY CENTRAL BANK OF INDIA
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, Mexico City 12949 07-10-2004 SALES CONTRACT - BETWEEN SOME MEXICAN COMPANIES AND A CANADIAN COMPANY - GOVERNED BY A PARTICULAR DOMESTIC LAW (MEXICAN LAW) - APPLICABILITY OF CISG ACCORDING TO ART. 1(1)(A) OF THE CONVENTION - APPLICABILITY OF UNIDROIT PRINCIPLES AS "A COMPLEMENTARY SET OF RULES IN ACCORDANCE WITH TRADE USAGES" (ART. 17.2 ICC ARBITRATION RULES AND ART. 1445, PAR. 4 MEXICAN COMMERCIAL CODE) WHEN NO SPECIFIC APPLICATION HAS BEEN AGREED BY THE PARTIES REFERENCE TO THE UNIDROIT PRINCIPLES CANNOT BE CONTRARY TO DEFAULT RUES OF THE APPLICABLE DOMESTIC LAW UNIDROIT PRINCIPLES AS A VALUABLE INSTRUMENT TO INTERPRET COMMERCIAL OBLIGATIONS AND THE WILL OF THE PARTIES
Arbitral Award International Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation 12-11-2004 SALES CONTRACT - BETWEEN RUSSIAN SELLER AND HUNGARIAN BUYER - PARTIES CHOOSE RUSSIAN LAW AS THE LAW GOVERNING THEIR CONTRACT - HUNGARIAN BUYER INVOKED ALSO APPLICATION OF THE UNIDROIT PRINCIPLES AS USAGE OF INTERNATIONAL TRADE - RUSSIAN SELLER OBJECTED - ARBITRATION COURT DECIDED NOT TO APPLY THE UNIDROIT PRINCIPLES
Arbitral Award International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry 22-12-2004 SALES CONTRACT - BETWEEN AN UKRAINIAN SELLER AND A FOREIGN BUYER - CHOICE OF LAW CLAUSE REFERRING TO CISG, LEX MERCATORIA AND UNIDROIT PRINCIPLES AS THE LAW APPLICABLE TO THE CONTRACT - ARBITRAL TRIBUNAL'S DECISION BASED ON UKRAINIAN LAW
Arbitral Award Netherlands Arbitration Institute 10-02-2005 SALES CONTRACT - BETWEEN DUTCH SELLER AND ITALIAN BUYER - GOVERNED BY CISG – REFERENCE TO UNIDROIT PRINCIPLES DEFINED AS "PRINCIPLES IN THE SENSE OF ARTICLE 7(2) CISG" AND TO PRINCIPLES OF EUROPEAN CONTRACT LAW APPLICABILITY OF SELLER’S STANDARD TERMS – QUESTION AS TO WHETHER BEFORE OR AT TIME OF CONCLUSION OF CONTRACT BUYER MUST BE GIVEN OPPORTUNITY TO KNOW CONTENT OF SELLER'S STANDARD TERMS NOT EXPRESSLY REGULATED IN CISG - QUESTION LEFT OPEN IN UNIDROIT PRINCIPLES (CF. ARTICLE 2.19 [ART. 2.1.19 OF THE 2004 EDITION] AND COMMENTS AND TO ARTICLE 2.20 [ART. 2.1.20 OF THE 2004 EDITION] – AFFIRMATIVE SOLUTION ADOPTED BY PRINCIPLES OF EUROPEAN CONTRACT LAW (ARTICLE 2:104)
Arbitral Award China International Economic and Trade Arbitration Commission (CIETAC) 02-09-2005 SALES CONTRACT - BETWEEN FRENCH SELLER AND CHINESE BUYER – CISG APPLICABLE ACCORDING TO ARTICLE 1(1)(A) CISG INTEREST ON DELAYED OR FAILED PAYMENT OF PRICE – ARTICLE 78 CISG SILENT AS TO APPLICABLE RATE – SELLER’S CLAIM TO APPLY RATE ACCORDING TO ARTICLE 7.4.9 UNIDROIT PRINCIPLES “SINCE BOTH CHINA AND FRANCE ARE MEMBER STATES OF THE UNIDROIT PRINCIPLES” – ARGUMENT REJECTED BY ARBITRAL TRIBUNAL BECAUSE “THE PRINCIPLES ARE NEITHER AN INTERNATIONAL CONVENTION NOR DID THE PARTIES STIPULATE THE PRINCIPLES IN THE CONTRACT” – ARBITRAL TRIBUNAL NEVERTHELESS FREE “TO REFER TO THE PRINCIPLES” – INTEREST AWARDED ACCORDING TO SELLER’S ALLEGATION
Arbitral Award ICC International Court of Arbitration 13009 00-00-2006 SETTLEMENT AGREEMENT - BETWEEN LIECHTENSTEIN SELLER AND SPANISH BUYER - FOLLOWING DISPUTE ARISING FROM A SALES CONTRACT - SALES CONTRACT AND SETTLEMENT AGREEMENT SILENT AS TO APPLICABLE LAW - ARBITRAL TRIBUNAL DECIDED TO APPLY UNIDROIT PRINCIPLES SELLER'S CLAIM THAT IT HAD BEEN FORCED TO AGREE TO SETTLEMENT UNDER ECONOMIC DURESS BASED ON ARTICLES 1.7, 1.9, 3.8 [ART. 3.2.5 OF THE 2010 EDITION], 3.9 [ART. 3.2.6 OF THE 2010 EDITION], 3.10 [ART. 3.2.7 OF THE 2010 EDITION], 5.1.3 AND 5.1.4, AND 7.4.8 OF UNIDROIT PRINCIPLES - ARBITRAL TRIBUNAL DISMISSED ALL SELLER’S CLAIMS ON BASIS OF FACTS
Arbitral Award Internationales Schiedsgericht der Wirtschaftskammer Österreich 11-05-2006 SALES CONTRACT - BETWEEN AN AUSTRIAN COMPANY AND A EASTERN EUROPEAN COMPANY - PARTIES AGREED ON APPLICATION OF AUSTRIAN LAW INCLUDING CISG AS THE LAW APPLICABLE TO THE SUBSTANCE OF THE DISPUTE ASSIGNMENT OF CLAIM TO PAYMENT OF PRICE TO FINANCIAL INSTITUTION – OBLIGOR ENTITLED TO RIGHT OF SET-OFF VIS-À-VIS ASSIGNOR UNTIL INFORMED OF ASSIGNMENT (SEE § 1396 OF THE AUSTRIAN CIVIL CODE AS WELL AS ARTICLES 9.1.10(1) AND 9.1.13(2) OF THE UNIDROIT PRINCIPLES 2004 AND ARTICLES 11:303(4) AND 10:107(1) OF THE PRINCIPLES OF EUROPEAN CONTRACT LAW) THIRD PARTY’S ACCEPTANCE TO BE SUBSTITUTED AS NEW OBLIGOR VIS-À-VIS OBLIGEE – OLD OBLIGOR REMAINS JOINTLY AND SEVERALLY LIABLE UNLESS EXPRESSLY DISCHARGED BY OBLIGEE (SEE § 1406 OF THE AUSTRIAN CIVIL CODE AS WELL AS ARTS. 9.2.1 AND 9.2.5(3) OF THE UNIDROIT PRINCIPLES 2004) RIGHT TO INTEREST (ART. 78 CISG) – APPLICATION OF STATUTORY RATE CREDITOR'S DOMESTIC LAW – RATE OF 9,47% P.A. AS PROVIDED BY § 1333(2) OF THE AUSTRIAN CIVIL CODE AS AMENDED IN ACCORDANCE WITH THE EC DIRECTIVE 2000/35 ON COMBATING LATE PAYMENT IN COMMERCIAL TRANSACTIONS
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 China International Economic and Trade Arbitration Commission (CIETAC) 00-00-2007 SALES CONTRACT - BETWEEN A CHINESE PARTY AND A KOREAN PARTY - UNIDROIT PRINCIPLES QUALIFIED BY THE TRIBUNAL AS USAGES APPLICABLE TO THE EXTENT THAT THE ISSUES AT STAKE ARE NOT COVERED BY THE APPLICABLE DOMESTIC LAW (CHINESE LAW)
Arbitral Award International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 30-01-2007 SALES CONTRACT - BETWEEN A GERMAN COMPANY AND A RUSSIAN COMPANY - CISG APPLICABLE SINCE PARTIES ARE SITUATED IN DIFFERENT CONTRACTING STATES BUYER'S CLAIM FOR SPECIFIC PERFORMANCE - REQUIREMENTS FOR SUCH REMEDY NOT SPECIFIED IN EITHER CISG OR RUSSIAN LAW APPLICABLE UNDER ARTICLE 7(2) CISG - RECOURSE TO THE UNIDROIT PRINCIPLES DEFINED AS A SUPPLEMENTARY SOURCE OF RULES OF LAW REFLECTING CONTEMPORARY INTERNATIONAL TRENDS WHICH PROVIDE SOUND SOLUTIONS TO INTERNATIONAL COMMERCIAL DISPUTES BUYER'S CLAIM FOR SPECIFIC PERFORMANCE - HAS TO BE MADE WITHIN A REASONABLE TIME AFTER THE BUYER BECAME, OR OUGHT TO HAVE BECOME, AWARE OF THE NON-PERFORMANCE (ARTICLE 7.2.2 OF THE UNIDROIT PRINCIPLES)
Arbitral Award International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 01-02-2007 SALES CONTRACT - BETWEEN AN ESTONIAN COMPANY AND A KAZAKH COMPANY - CONTRACT PROVIDED THAT RUSSIAN LAW WAS THE LAW GOVERNING THE CONTRACT - PARTIES SITUATED IN DIFFERENT CONTRACTING STATES OF CISG - CISG APPLICABLE DELIVERY OF ONLY PART OF THE GOODS - ADVANCE PAYMENT OF PRICE - RESTITUTION OF PRICE PAID FOR GOODS NOT RECEIVED (ART. 81 CISG) - REFERENCE ALSO TO ARTS. 7.2.1, 7.2.2 AND 1.3 OF UNIDROIT PRINCIPLES
Arbitral Award International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 27-03-2007 SALES CONTRACT - BETWEEN A BRITISH VIRGIN ISLAND COMPANY AND A RUSSIAN COMPANY - RUSSIAN LAW CHOSEN BY PARTIES AS THE LAW GOVERNING THE CONTRACT IMPUTATION OF NON-MONETARY OBLIGATIONS (ART. 522 OF THE RUSSIAN CIVIL CODE) - REFERENCE ALSO TO COMMENTS TO ART. 6.1.13 OF THE UNIDROIT PRINCIPLES
Arbitral Award Foreign Trade Court of Arbitration attached to the Serbian Chamber of Commerce 23-01-2008 SALES CONTRACT - BETWEEN A SERBIAN SELLER AND AN ITALIAN BUYER – PARTIES' CHOICE OF SERBIAN LAW AS THE LAW APPLICABLE TO THE SUBSTANCE OF THE DISPUTE - CISG APPLICABLE ACCORDING TO ITS ART. 1(1)(A) – ARBITRAL TRIBUNAL DECIDES ALSO TO APPLY BOTH THE PRINCIPLES OF EUROPEAN CONTRACT LAW AND THE UNIDROIT PRINCIPLES AS EXPRESSION OF THE TRADE USAGES IT HAD TO TAKE INTO ACCOUNT ACCORDING TO THE RELEVANT ARBITRATION RULES SELLER’S FAILURE TO DELIVER TOGETHER WITH THE GOODS THE CERTIFICATE OF THEIR ORIGIN AS REQUESTED UNDER THE CONTRACT – AMOUNTS TO A NON-PERFORMANCE (ARTICLES 35(1), 36(1) AND 45(1)(B) CISG)) BUYER’S RIGHT TO DAMAGES FOR THE LOSSES CAUSED BY SELLER’S NON-PERFORMANCE – REFERENCE TO ARTICLE 74 CISG AND TO ARTICLES 9:501 AND 9:502 OF THE PRINCIPLES OF EUROPEAN CONTRACT LAW AND TO ARTICLES 7.4.1 AND 7.4.4 OF THE UNIDROIT PRINCIPLES. RIGHT TO INTEREST – APPLICABLE RATE – REFERENCE TO METHOD OF CALCULATION INDICATED IN ARTICLES 9:508 OF THE PRINCIPLES OF EUROPEAN CONTRACT LAW AND 7.4.9 OF THE UNIDROIT PRINCIPLES
Arbitral Award ICC International Court of Arbitration, The Hague 14633 00-05-2008 INTERNATIONAL SALES CONTRACT - CONTAINING A CHOICE OF LAW CLAUSE IN FAVOUR OF CISG AND, FOR ISSUES NOT COVERED BY CISG, IN FAVOUR OF THE UNIDROIT PRINCIPLES TERMINATION FOR BREACH OF CONTRACT - PAYMENT TO BE "EFFECTED BY IRREVOCABLE L/C ... ACCEPTABLE TO THE SELLER, FULLY WORKABLE" - BUYER'S OBLIGATION TO AMEND THE L/C AT SELLER'S REQUEST - REFUSAL OR NON-TIMELY COMPLIANCE AMOUNTS TO BREACH OF CONTRACTS BUYER'S REFUSAL TO ARRANGE THE AMENDMENTS REQUESTED BY SELLER - AMOUNTS TO A VIOLATION OF THE DUTY OF GOOD FAITH - REFERENCE TO ART. 1.7 UNIDROIT PRINCIPLES
Arbitral Award International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 13-05-2008 SALES CONTRACT - BETWEEN RUSSIAN AND CANADIAN COMPANIES - GOVERNED BY CISG PENALTY FOR FAILURE TO PERFORM CONTRACTUAL OBLIGATIONS - NOT DUE IF FAILURE DUE TO EXEMPTING EVENT ACCORDING TO ARTICLE 79 CISG INTEREST FOR DELAYED PAYMENT (ARTICLE 78 CISG) - DUE EVEN IF DELAY DUE TO EXEMPTING EVENT - REFERENCE TO ARTICLE 7.4.9 UNIDROIT PRINCIPLES "REFLECTING UNDERSTANDING GENERALLY ACCEPTED IN THE INTERNATIONAL COMMERCIAL PRACTICE"
Arbitral Award Arbitration Institute of the Stockholm Chamber of Commerce 24-06-2008 SUPPLY/SALES CONTRACTS - BETWEEN A CHINESE COMPANY AND A GERMAN COMPANY - CHOICE OF LAW CLAUSE REFERRING TO "INTERNATIONAL COMMERCIAL LAW" - AFTER THE BEGINNING OF THE ARBITRAL PROCEEDINGS PARTIES AGREED THAT THIS INCLUDES CISG AND, TO SOME EXTENT, THE UNIDROIT PRINCIPLES SUBSEQUENT MODIFICATION OF THE CONTRACT BY FAX MESSAGES - VALIDLY CONCLUDED ACCORDING TO ART. 11 CISG AND ARTS. 1.2 AND 3.1.2 UNIDROIT PRINCIPLES RIGHT TO INTEREST - REFERENCE TO ARTS. 74 AND 79 CISG AND ART. 7.4.9 UNIDROIT PRINCIPLES
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 International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 22-12-2008 SALES CONTRACT - BETWEEN A GERMAN COMPANY AND A RUSSIAN COMPANY - CONTRACT GOVERNED BY RUSSIAN LAW MODIFICATION OF WRITTEN CONTRACT BY AGREEMENT OF THE PARTIES - MUST BE MADE IN WRITING AGREEMENT THROUGH EXCHANGE OF DOCUMENTS AND ELECTRONIC MESSAGES -REQUIREMENT OF WRITING MET - REFERENCE TO RELEVANT PROVISIONS OF RUSSIAN CIVIL CODE AS WELL AS TO ARTICLE 2.1.1 AND 4.1 TO 4.3 UNIDROIT PRINCIPLES
Arbitral Award ICC International Court of Arbitration 14748 00-00-2009 SALES CONTRACT - BETWEEN A BELGIAN COMPANY AND A MONEGASQUE COMPANY - SILENT AS TO THE APPLICABLE LAW - ARBITRAL TRIBUNAL DECIDED TO APPLY RELEVANT COMMERCIAL USAGES - APPLICATION OF THE UNIDROIT PRINCIPLES WHICH IT CONSIDERED TO INCLUDE"NOTIONS WHICH BELONG TO THE LEX MERCATORIA, AS REFLECTED IN PARTICULAR BY THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACT" REFERENCE BY THE ARBITRAL TRIBUNAL TO ART. 7.4.9 UNIDROIT PRINCIPLES
Arbitral Award International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 02-06-2009 SALES CONTRACT - BETWEEN RUSSIAN AND CHINESE COMPANY - GOVERNED BY RUSSIAN LAW REQUEST TO RETURN ADVANCE PAYMENT AND TO REPAY COSTS OF PARTICIPATING IN SETTLEMENT NEGOTIATIONS - ARBITRAL TRIBUNAL, HAVING FOUND NO SPECIFIC REGULATION IN APPLICABLE DOMESTIC LAW ADDRESSING THE ISSUE AT STAKE, REFERRED TO THE UNIDROIT PRINCIPLES AS LEX MERCATORIA IN ORDER TO JUSTIFY THEIR SUBSIDIARY APPLICATION TO RUSSIAN CIVIL LAW - APPLICATION OF ARTICLE 7.4.8 ("MITIGATION OF HARM")
Arbitral Award International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 30-06-2010 SALES CONTRACT - BETWEEN AN UZBEK COMPANY AND A RUSSIAN COMPANY - RELYING ON ARTICLE 28(3) OF THE LAW OF THE RUSSIAN FEDERATION ON INTERNATIONAL COMMERCIAL ARBITRATION AND ON ARTICLE 26(1) OF THE ARBITRATION RULES THE SOLE ARBITRATOR DECIDED TO BASE HIS DECISION ON THE CISG, THE CIVIL CODE OF THE RUSSIAN FEDERATION AND THE UNIDROIT PRINCIPLES ADVANCE PAYMENT OF THE PRICE - FUNDAMENTAL BREACH OF CONTRACT BY SELLER - BUYER ENTITLED TO REQUEST RETURN OF ADVANCE PAYMENT - REFERENCE TO ARTICLE 466 OF CIVIL CODE OF RUSSIAN FEDERATION AND TO ARTICLE 7.2.1 OF UNIDROIT PRINCIPLES
Arbitral Award International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 04-10-2010 CURRENCY SALES CONTRACT - BETWEEN A CYPRIOT COMPANY AND A MARSHALLESE COMPANY - UNIDROIT PRINCIPLES AS MEANS FOR INTERPRETING APPLICABLE DOMESTIC LAW (ENGLISH LAW) CURRENCY SALES CONTRACT BETWEEN CYPRIOT COMPANY AND COMPANY FROM THE MARSHALL ISLANDS - ARBITRAL TRIBUNAL APPLIED ENGLISH LAW - REFERENCE ALSO TO ARTICLES 1.7 AND 5.1.3 OF UNIDROIT PRINCIPLES
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 International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 05-07-2011 SALES CONTRACT - BETWEEN TWO RUSSIAN COMPANIES - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING APPLICABLE DOMESTIC LAW (RUSSIAN LAW) - UNIDROIT PRINCIPLES DESIGNED AS "THE RECOMMENDED SOURCE OF RULES GOVERNING GENERAL ISSUES OF PERFORMANCE AND INTERPRETATION OF CONTRACTS OF AN INTERNATIONAL CHARACTER". "CONTRA PROFERENTEM" RULE - REFERENCE TO ARTICLE 4.6 OF THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS
Arbitral Award International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 03-02-2012 SALES CONTRACT - BETWEEN A RUSSIAN BUYER AND AN ITALIAN SELLER - GOVERNED BY ITALIAN LAW (INCLUDING CISG) - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING CISG TERMINATION OF CONTRACT - PARTIAL TERMINATION - REFERENCE TO ARTICLE 7.3.6(2) (NOW ART 7.3.7) OF THE UNIDROIT PRINCIPLES. TERMINATION OF CONTRACT - CLAIM FOR PENALTY FOR DELAY IN RETURNING THE PAYMENT MADE - REFERENCE TO 7.3.5 OF THE UNIDROIT PRINCIPLES
Arbitral Award International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 06-02-2013 SALES CONTRACT - BETWEEN RUSSIAN COMPANY AND CHINESE COMPANY - UNIDROIT PRINCIPLES APPLIED BY ARBITRAL TRIBUNAL AS LAW APPLICABLE TO SUBSTANCE OF DISPUTE ON ITS OWN MOTION FUNDS TRANSFER - TIME AT WHICH OBLIGOR'S OBLIGATION IS DISCHARGED - REFERENCE TO ART. 6.1.8 (2) UNIDROIT PRINCIPLES
Arbitral Award International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 27-05-2013 SALES CONTRACT - BETWEEN A CYPRIOT COMPANY AND AN UZBEK COMPANY - UNIDROIT PRINCIPLES CHOSEN BY PARTIES AS LAW APPLICABLE TO SUBSTANCE OF DISPUTE - APPLICATION OF ARTICLES 7.2.1. AND 7.4.1. OF THE UNIDROIT PRINCIPLES.
Arbitral Award International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 16-07-2013 SALES CONTRACT - BETWEEN A RUSSIAN AND A CHINESE COMPANY - CONTRACT GOVERNED BY THE CISG - ARBITRAL TRIBUNAL APPLIED ALSO RUSSIAN LAW AND THE UNIDROIT PRINCIPLES AS A MEANS FOR SUPPLEMENTING THE CISG REFERENCE TO ARTICLE 1.7 AND 5.1.3 UNIDROIT PRINCIPLES
Arbitral Award ICC International Court of Arbitration ICC-FA-2020-006 00-00-2014 SALES CONTRACT - BETWEEN A NORTH AMERICAN PARTY AND ASIAN PARTIES - PARTIES' CHOICE OF CISG AS THE LAW APPLICABLE TO THE CONTRACT GENERAL DUTY OF GOOD FAITH ACCORDING TO ART. 7(1) CISG - ARBITRAL TRIBUNAL HELD THAT NO DUTY OF GOOD FAITH DIRECTED TO THE PARTIES OF A COMMERCIAL CONTRACT CAN BE DERIVED FROM ART. 7(1) CISG DUTY OF GOOD FAITH - REFERENCE ACCORDING TO ART. 7(2) CISG TO DOMESTIC LAW (§ 1-203 OF UNIFORM COMMERCIAL CODE) TO FILL A GAP OF THE CONVENTION - ARBITRAL TRIBUNAL HELD THAT ART. 7(2) CISG DOES NOT ALLOW TO "IMPORT" A GENERAL DUTY TO ACT IN GOOD FAITH TO FILL THE GAP
Arbitral Award ICC International Court of Arbitration 20731 13-06-2017 SALES CONTRACT - BETWEEN AN INDIAN SELLER AND A ROMANIAN BUYER - SILENT AS TO THE APPLICABLE LAW – WHEN A DISPUTE AROSE, THE PARTIES REFERRED TO THEIR RESPECTIVE NATIONAL LAWS – ARBITRAL TRIBUNAL DECIDED TO BASE ITS DECISION ON THE UNIDROIT PRINCIPLES BY APPLYING ART. 21(1) ICC ARBITRATION RULES ("RULES OF LAW WHICH [THE ARBITRAL TRIBUNAL] DETERMINES TO BE APPROPRIATE")
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 ICC International Court of Arbitration ICC-FA-2021-070 00-00-2021 INTERNATIONAL SALES CONTRACT - CONTAINING A CHOICE OF LAW CLAUSE ACCORDING TO WHICH “ANY LEGAL ISSUE RELATING TO THIS CONTRACT […] SHALL BE GOVERNED BY CISG AND TO THE EXTENT NOT COVERED BY THE CISG, BY REFERENCE TO THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS OF 1994 AND IF NOT COVERED BY THE FOREGOING SETS OF RULES OR THE PROVISIONS IN THIS CONTRACT, BY INTERNATIONALLY ACCEPTED GENERAL TRADE PRACTICES, AND IN FINAL INSTANCE BY THE LAW OF THE COUNTRY WHERE THE SELLER HAS HIS PRINCIPAL PLACE OF BUSINESS” NO PROVISION OF THE UNIDROIT PRINCIPLES APPLIED
Argentina Cámara de Apelaciones en lo Civil y Comercial de La Matanza, sala II(CCivyComLaMatanza)(SalaII) 28-02-2006 SALES CONTRACT - BETWEEN TWO ARGENTINIAN COMPANIES REFERENCE TO UNIDROIT PRINCIPLES TO SUPPLEMENT APPLICABLE LAW (ARGENTINIAN LAW) HARDSHIP – DEVALUATION OF CURRENCY OF CONTRACT PRICE - CONTRACT ADAPTATION – REFERENCE TO ARTICLE 6.2.1 UNIDROIT PRINCIPLES
Argentina Cámara 6a de Apelaciones en lo Civil y Comercial de Córdoba 14-03-2008 SALES CONTRACT - BETWEEN TWO ARGENTINIAN PARTIES - REFERENCE TO UNIDROIT PRINCIPLES TO SUPPLEMENT APPLICABLE LAW (ARGENTINIAN LAW) FUNDAMENTAL BREACH - ARTICLE 7.3.1 UNIDROIT PRINCIPLES
Argentina Cámara Nacional de Apelaciones en lo Comercial 16-10-2013 SALES CONTRACT - BETWEEN A DANISH COMPANY AND AN ARGENTINIAN COMPANY - GOVERNED BY CISG CALCULATION OF DAMAGES – PRINCIPLE OF FULL COMPENSATION – LOSS SUFFERED – LOSS OF PROFITS – REFERENCE TO ARTS. 7.4.1, 7.4.2, 7.4.4, 7.4.5 AND 7.4.6 UNIDROIT PRINCIPLES IN ORDER TO INTERPRET AND SUPPLEMENT ARTS. 45 (1), 74, 75, 76 OF THE CISG CALCULATION OF DAMAGES IN CASE OF REPLACEMENT TRANSACTION - IF THERE IS NO EVIDENCE OF THE PRICE OF THE REPLACEMENT TRANSACTION REFERENCE COULD BE MADE TO THE CRITERIA OF CURRENT PRICE OF THE GOODS – USE OF ART 7.4.6 UNIDROIT PRINCIPLES TO SUPPLEMENT ART. 76 CISG
Belarus Supreme Economic Court of the Republic of Belarus 03-01-2003 SALES CONTRACT - BETWEEN BELORUSSIAN COMPANY AND POLISH COMPANY - BELORUSSIAN LAW AS GOVERNING LAW - APPLICATION OF THE CISG SINCE PARTIES SITUATED IN TWO CONTRACTING STATES (ART. 1(1)(A) CISG) RIGHT TO INTEREST - RATE OF INTEREST NOT DETERMINED BY CISG - COURT HELD RATE TO BE DETERMINED IN ACCORDANCE WITH "GENERAL RULES OF INTERNATIONAL COMMERCIAL CONTRACTS (UNIDROIT PRINCIPLES)" - REFERENCE TO ART. 7.4.9(2)UNIDROIT PRINCIPLES
Belarus Supreme Economic Court of the Republic of Belarus 20-05-2003 SALES CONTRACT - BETWEEN A UNITED STATES AND A BELORUSSIAN COMPANY - GOVERNED BY BELORUSSIAN LAW CISG APPLICABLE SINCE PARTIES SITUATED IN TWO CONTRACTING STATES NON-PAYMENT OF THE PRICE - SELLER ENTITLED TO INTEREST (ART. 78 CISG) - RATE OF INTEREST DETERMINED ACCORDING TO ART. 7.4.9(2) OF THE UNIDROIT PRINCIPLES
Belarus Commercial Court of Brest Region 08-11-2006 SALES CONTRACT - BETWEEN BELARUSSIAN COMPANY AND RUSSIAN COMPANY - GOVERNED BY CISG RATE OF INTEREST TO BE DETERMINED BY APPLICABLE DOMESTIC LAW (BELORUSSIAN LAW) - REFERENCE TO ARTICLE 7.4.9(2) OF THE UNIDROIT PRINCIPLES AS "INTERNATIONAL TRADE USAGES" APPLICABLE ACCORDING TO ART. 1093 (1) OF BELORUSSIAN CIVIL CODE
Belgium Court of Cassation of Belgium 19-06-2009 SALES CONTRACT - BETWEEN A DUTCH COMPANY AND A FRENCH COMPANY - CONTRACT GOVERNED BY CISG PRICE OF THE GOODS INCREASED BY 70% OF THE CONTRACT PRICE - SELLER INVOKES HARDSHIP AND REQUESTS RE-NEGOTIATION OF THE CONTRACT PRICE - CISG SILENT ON HARDSHIP - GAP TO BE FILLED IN ACCORDANCE WITH ARTICLE 7(2) CISG - REFERENCE BY THE COURT TO "GENERAL PRINCIPLES GOVERNING THE LAW OF INTERNATIONAL COMMERCE AS LAID DOWN NOTABLY BY THE UNIDROIT PRINCIPLES" - SELLER'S RIGHT TO RE-NEGOTIATION AFFIRMED
Brazil Tribunal de Justiça do Rio Grande do Sul 04-04-2012 SALES CONTRACT - BETWEEN TWO BRAZILIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (BRAZILIAN LAW) TERMINATION FOR BREACH OF CONTRACT - ADMISSIBLE ONLY FOR BREACH OF FUNDAMENTAL NATURE (ART. 7.3.1 UNIDROIT PRINCIPLES)
Brazil Court of Appeal of Rio Grande do Sul 14-02-2017 SALES CONTRACT - BETWEEN DANISH COMPANY AND BRAZILIAN COMPANY - GOVERNING LAW ACCORDING TO ARTICLE 9(2) OF THE INTRODUCTORY LAW TO BRAZILIAN CIVIL CODE - DANISH LAW AS THE LAW OF THE PLACE OF THE CONCLUSION OF THE CONTRACT - IF CONTRACT PLURI-CONNECTED TRADITIONAL LOCI CELEBRATIONIS RULE TO BE DISREGARDED IN FAVOR OF A MORE FLEXIBLE APPROACH - APPLICATION OF THE CISG AND THE UNIDROIT PRINCIPLES AS AN EXPRESSION OF THE “NEW LEX MERCATORIA”. INTERNATIONAL COMMERCIAL CONTRACTS NO PARTICULAR FORM REQUIRED - REFERENCE TO ARTICLES 11 CISG AND 1.2 UNIDROIT PRINCIPLES TERMINATION OF CONTRACT FOR NON DELIVERY - REFERENCE TO ARTICLE 49 CISG AND TO GENERAL PRINCIPLE OF GOOD FAITH IN CONTRACT PERFORMANCE AS STATED IN ARTICLES 1.7 UNIDROIT PRINCIPLES AND 7(1) CISG
Brazil Court of Appeal of Rio Grande do Sul 30-03-2017 SALES CONTRACT – BETWEEN A VENEZUELAN COMPANY AND A BRAZILIAN COMPANY - PLACE OF CONCLUSION OF CONTRACT NOT CERTAIN AND THEREFORE NOT AVAILABLE AS CONNECTING FACTOR - IN ACCORDANCE WITH THE “PRINCIPLE OF PROXIMITY” OR “THE MOST SIGNIFICANT RELATIONSHIP RULE” - COURT DECIDES TO APPLY THE CISG AND, WITH RESPECT TO MATTERS NOT GOVERNED BY CISG SUCH AS CONTRACT VALIDITY, THE UNIDROIT PRINCIPLES PAYMENT OF THE PURCHASE PRICE MADE TWICE DUE TO DOMESTIC IMPORT-EXPORT AND EXCHANGE REGULATIONS – CLAIM FOR RESTITUTION – ALLEDGED ILLEGALITY OF FIRST PAYMENT MADE IN VIOLATION OF EXCHANGE REGULATIONS – OBJECTION REJECTED BECAUSE VIOLATION NOT NECESSARILY FALLING WITHIN SCOPE OF ART. 3.3.1 UNIDROIT PRINCIPLES - IN ANY CASE RESTITUTION REASONABLE UNDER THE CIRCUMSTANCES IN ACCORDANCE OF ART. 3.3.2 UNIDROIT PRINCIPLES
Chile 1 Juzgado Civil de Puerto Montt 22-02-2018 SALES CONTRACT - BETWEEN A CHILEAN COMPANY (SELLER) AND A DUTCH COMPANY (BUYER) - GOVERNED BY CISG - REFERENCE BY BOTH PARTIES TO THE UNIDROIT PRINCIPLES IN ORDER TO INTERPRET AND SUPPLEMENT THE CISG CALCULATION OF DAMAGES IN CASE OF REPLACEMENT TRANSACTION - DIFFERENCE BETWEEN THE CONTRACT PRICE AND THE PRICE OF THE REPLACEMENT TRANSACTION - IF THE REPLACEMENT TRANSACTION IS NOT PERFORMED IN A REASONABLE MANNER BUYER ENTITLED TO A LOWER SUM – USE OF ART 7.4.5 UNIDROIT PRINCIPLES TO SUPPLEMENT ART. 75 CISG
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 Beijing Haidian District People’s Court 28-06-2007 SALES CONTRACT - BETWEEN TWO CHINESE COMPANIES - GOVERNED BY CHINESE LAW 'COMMENTS' BY CHINESE JUDGES ON THEIR DECISIONS - NOT LEGALLY BINDING - SELLER’S RIGHT TO WITHHOLD PERFORMANCE IN CASE OF BUYER’S NON-PERFORMANCE - REFERENCE IN THE COMMENTS TO ARTICLE 7.1.3 UNIDROIT PRINCIPLES IN A "COMMENT" CO-AUTHORED BY MEMBER OF THE COURT
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)
France Cour d'appel de Grenoble 23-10-1996 SALES CONTRACT - BETWEEN A GERMAN SELLER AND A FRENCH BUYER - GOVERNED BY CISG JURISDICTION - 1968 BRUSSELS CONVENTION - BUYER'S CLAIM FOR RESTITUTION OF PRICE PAID IN EXCESS - JURISDICTION OF COURT OF THE BUYER'S PLACE OF BUSINESS PLACE OF PAYMENT OF PRICE - SELLER'S PLACE OF BUSINESS (ART. 57(1)(A) CISG) - EXPRESSION OF A GENERAL PRINCIPLE UNDERLYING CISG PURSUANT TO WHICH OBLIGATIONS TO PAY MUST BE PERFORMED AT THE PLACE OF BUSINESS OF THE CREDITOR - REFERENCE TO THE SAME GENERAL PRINCIPLE CONTAINED IN ART. 6.1.6 UNIDROIT PRINCIPLES PLACE OF PERFORMANCE OF THE OBLIGATION TO REIMBURSE THE PRICE PAID IN EXCESS - BUYER'S PLACE OF BUSINESS
France Cour d'Appel de Reims 04-09-2012 SALES CONTRACT - BETWEEN FRENCH COMPANY AND POLISH COMPANY - DELIVERY OF GOODS IN INSTALLMENTS – CONTRACT GOVERNED BY CISG SELLER INVOKING HARDSHIP DUE TO SUBSTANTIAL PRICE INCREASE OF RAW MATERIALS – REQUEST FOR RENEGOTIATION OF PRICE BASED ON ARTICLES 6.2.2 AND 6.2.3 OF UNIDROIT PRINCIPLES BUYER OBJECTING TO APPLICABILITY OF UNIDROIT PRINCIPLES AS NOT BEING TRADE USAGES UNDER ART. 9 CISG REFERENCE BY COURT TO UNIDROIT PRINCIPLES, DEFINED “A CODE OF INTERNATIONAL CONTRACTS PROPOSED BY AN INTERNATIONAL ORGANIZATION OF WHICH BOTH FRANCE AND POLAND WERE MEMBERS”, AS MEANS OF INTERPRETING AND SUPPLEMENTING CISG ACCORDING TO ARTICLE 7 CISG HARDSHIP - REFERENCE BY COURT TO ARTICLES 6.2.2 AND 6.2.3 OF UNIDROIT PRINCIPLES - SELLER FAILED TO PROVE THAT INCREASE IN COST OF PERFORMANCE OF ITS CONTRACTUAL OBLIGATIONS PROFOUNDLY ALTERED BALANCE OF THE CONTRACT - HARDSHIP EXCLUDED
France Cour de Cassation 17-02-2015 SALES CONTRACT - BETWEEN A FRENCH COMPANY AND A POLISH COMPANY - DELIVERY OF GOODS IN INSTALLMENTS – CONTRACT GOVERNED BY CISG SELLER INVOKING HARDSHIP DUE TO SUBSTANTIAL PRICE INCREASE OF RAW MATERIALS – REQUEST FOR RENEGOTIATION OF PRICE BASED ON ARTICLES 6.2.2 AND 6.2.3 OF UNIDROIT PRINCIPLES BUYER OBJECTING TO APPLICABILITY OF UNIDROIT PRINCIPLES AS NOT BEING TRADE USAGES UNDER ART. 9 CISG HARDSHIP - COURT OF CASSATION UPHOLDING THE DECISION OF THE COURT OF APPEAL AND EXCLUDING HARDSHIP AS SELLER HAD FAILED TO PROVE THAT INCREASE IN COST OF PERFORMANCE OF ITS CONTRACTUAL OBLIGATIONS PROFOUNDLY ALTERED BALANCE OF THE CONTRACT - COURT OF CASSATION IMPLICITLY ADOPTING THE CONCLUSIONS OF THE COURT OF APPEAL THAT HARDSHIP FALLS WITHIN THE CISG AND THAT THE UNIDROIT PRINCIPLES DEFINE HARDSHIP'S SCOPE AND CONSEQUENCES
France Cour d'Appel de Paris 25-02-2020 SALES CONTRACT - BETWEEN AN INDIAN SELLER AND A ROMANIAN BUYER - SILENT AS TO THE APPLICABLE LAW – WHEN A DISPUTE AROSE, THE PARTIES REFERRED TO THEIR RESPECTIVE NATIONAL LAWS – ARBITRAL TRIBUNAL DECIDED TO BASE ITS DECISION ON THE UNIDROIT PRINCIPLES BY APPLYING ART. 21(1) ICC ARBITRATION RULES ("RULES OF LAW WHICH [THE ARBITRAL TRIBUNAL] DETERMINES TO BE APPROPRIATE")
India High Court of Delhi 21-08-2006 SALES CONTRACT - BETWEEN TWO INDIAN COMPANIES - REFERENCE TO THE UNIDROIT PRINCIPLES TO CONFIRM THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (INDIAN LAW) CONTRACT INTERPRETATION - INDIVIDUAL TERMS TO BE INTERPRETED IN THE LIGHT OF THE WHOLE CONTRACT (ARTICLE 4.4 UNIDROIT PRINCIPLES) - INDIVIDUAL TERMS TO BE INTERPRETED SO AS TO GIVE EFFECT TO ALL OF THEM RATHER THAN TO DEPRIVE SOME OF THEM OF EFFECTS (ARTICLE 4.5)
India High Court of Delhi 20-08-2008 SALES CONTRACT - BETWEEN TWO INDIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF SOLUTION ADOPTED UNDER INDIAN LAW INTERPRETATION OF WRITTEN CONTRACT - TO BE MADE IN ACCORDANCE WITH THE INTENTION OF THE PARTIES AS EXPRESSED IN THE CONTRACT - EVIDENCE THAT THE PARTIES' INTENTION WAS DIFFERENT ADMISSIBLE ONLY WHERE THE EXPRESS TERMS OF THE CONTRACT ARE UNCLEAR OR AMBIGUOUS - REFERENCE TO ARTICLE 4.1 UNIDROIT PRINCIPLES
Italy Tribunale Padova - Sez. Este 10-01-2006 SALES CONTRACT - BETWEEN AN ITALIAN MANUFACTURER AND AN ENGLISH DISTRIBUTOR JURISDICTION - EUROPEAN COUNCIL REGULATION NO. 44/2001 ON JURISDICTION AND RECOGNITION AND ENFORCEMENT OF JUDGEMENTS IN CIVIL AND COMMERCIAL MATTERS - JURISDICTION OF COURT FOR PLACE OF PERFORMANCE NEED FOR AN AUTONOMOUS INTERPRETATION OF REGULATION - RECOURSE TO CISG IN VIEW OF ITS LARGE CONSENSUS WORLDWIDE AND ITS IMPORTANCE AS MODEL FOR OTHER INSTRUMENTS ADOPTED AT EUROPEAN LEVEL NOTION OF "CONTRACT OF SALE" UNDER THE REGULATION (ART. 1(1)(B)) - DEFINED ACCORDING TO CISG NOTION OF "PLACE OF DELIVERY" UNDER THE REGULATION (ART. 5 (1)(B)) - RECOURSE TO ART. 31(A) CISG - SOLUTION CONFIRMED BY OTHER "AUTONOMOUS" INTERNATIONAL INSTRUMENTS SUCH AS UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS (SEE ART. 6.1.6(1)(B)) AND PRINCIPLES OF EUROPEAN CONTRACT LAW (SEE ART. 7:101(1)(B))
Italy Corte di Cassazione Sez. Unite 05-10-2009 SALES CONTRACT - BETWEN AN ITALIAN SELLER AND A GERMAN BUYER - REFERENCE TO UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING INTERNATIONAL UNIFORM LAW INSTRUMENTS (EUROPEAN COUNCIL REGULATION NO. 44/2001 ON JURISDICTION AND RECOGNITION AND ENFORCEMENT OF JUDGEMENTS IN CIVIL AND COMMERCIAL MATTERS) ARTICLE 5 (1)(b) OF THE REGULATION ESTABLISHING JURISDICTION OF COURTS FOR "PLACE OF DELIVERY OF THE GOODS" - TO BE UNDERSTOOD AS PLACE OF ULTIMATE DESTINATION AND NOT AS PLACE WHERE GOODS ARE HANDED OVER TO THE FIRST CARRIER AS PROVIDED IN CISG AND THE UNIDROIT PRINCIPLES
Italy Tribunale di Varese (Sezione distaccata di Luino) 05-01-2012 SALES CONTRACT - BETWEEN AN ITALIAN CONSTRUCTION COMPANY AND SOME ITALIAN INDIVIDUALS - UNIDROIT PRINCIPLES AS MEANS FOR INTERPRETING APPLICABLE DOMESTIC LAW (ITALIAN LAW) PROHIBITION OF INCONSISTENT BEHAVIOUR - REFERENCE TO ARTICLE 1.8 UNIDROIT PRINCIPLES
Italy Tribunale di Pisa 20-10-2016 SALES CONTRACT - BETWEEN TWO ITALIAN INDIVIDUALS - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT APPLICABLE DOMESTIC LAW (ITALIAN LAW) SALES CONTRACT OF IMMOVABLE GOOD SUBJECT TO CONDITION (ERECTION OF A WALL APPROVED BY COMPETENT AUTHORITY) - ON CONCLUSION OF THE "PRELIMINARY" CONTRACT BUYER PAID SELLER THE AGREED DEPOSIT WHILE SELLER ENSURED THE BUYER TO HAVE FILED THE APPLICATION FOR THE REGULARISATION OF THE WALL - WHEN THE REGULARISATION WAS ULTIMATELY DENIED, BUYER REQUESTED THE RETURN OF THE DEPOSIT - THE COURT ORDERED SELLER TO RETURN THE DEPOSIT IN VIEW OF THE FACT THAT HE HAD CREATED IN THE BUYER THE LEGITIMATE EXPECTATION THAT THE REGULARISATION OF THE WALL WOULD BE GRANTED - IN SUPPORT OF ITS DECISION THE COURT INVOKED THE PRINCIPLES OF GOOD FAITH AND OF THE PROHIBITION OF VENIRE CONTRA FACTUM PROPRIUM AS LAID DOWN IN ARTICLES 1.7 AND 1.8 OF THE UNIDROIT PRINCIPLES
Lithuania Supreme Court of Lithuania 06-11-2006 SALES CONTRACT - BETWEEN TWO LITHUANIAN PARTIES - GOVERNED BY LITHUANIAN LAW - REFERENCE TO THE UNIDROIT PRINCIPLES AND THE PRINCIPLES OF EUROPEAN CONTRACT LAW TO INTERPRET APPLICABLE DOMESTIC LAW (LITHUANIAN LAW) PRELIMINARY CONTRACT - REFUSAL BY ONE OF THE PARTIES TO EXECUTE THE FINAL CONTRACT - PARTY LIABLE FOR DAMAGES COVERING NEGOTIATION EXPENSES AND THE LOST OPPORTUNITY (ARTICLE 6.165 PARA.4 OF THE LITHUANIAN CIVIL CODE; REFERENCE TO COMMENT 2 TO ARTICLE 2.13 (NOW ARTICLE 2.1.13) ("CONCLUSION OF CONTRACT DEPENDENT ON AGREEMENT ON SPECIFIC MATTERS OR IN A SPECIFIC FORM") AND TO COMMENTS TO ARTICLE 2.15 (NOW ARTICLE 2.1.15) ("NEGOTIATIONS IN BAD FAITH") OF THE UNIDROIT PRINCIPLES, AS WELL AS TO ARTICLE 3.301(2) AND (3) OF THE EUROPEAN PRINCIPLES).
Lithuania Supreme Court of Lithuania 16-05-2013 ADMINISTRATIVE CONTRACTS - SALES CONTRACT - BETWEEN THE LITHUANIAN ARMY AND A LITHUANIAN COMPANY - REFERENCE TO UNIDROIT PRINCIPLES AS MEANS OF INTERPRETING APPLICABLE DOMESTIC LAW (LITHUANIAN LAW) REPLACEMENT TRANSACTION - REFERENCE TO ARTICLE 7.4.5 OF UNIDROIT PRINCIPLES AS MEANS TO INTERPRET ARTICLE 6.258 OF THE LITHUANIAN CIVIL CODE
Lithuania Supreme Court of Lithuania 04-02-2015 SALES CONTRACT - BETWEEN TWO LITHUANIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES TO CONFIRM THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (LITHUANIAN LAW). FORCE MAJEURE - EXEMPTION FROM LIABILITY FOR NON-PERFORMANCE - ARTICLE - REFERENCE TO ARTICLE 6.212 OF THE LITHUANIAN CIVIL CODE AND TO ARTICLE 7.1.7 OF THE UNIDROIT PRINCIPLES FORCE MAJEURE - IMPORT PROHIBITION
Netherlands Rechtbank Zwolle 05-03-1997 SALES CONTRACT - BETWEEN A FRENCH SELLER AND A DUTCH BUYER - GOVERNED BY 1980 VIENNA CONVENTION (CISG) - FRENCH LAW APPLICABLE UNDER ARTICLE 7(2) CISG - REFERENCE TO UNIDROIT PRINCIPLES GOOD FAITH - NOTICE OF LACK OF CONFORMITY TO BE GIVEN "WITHIN A REASONABLE TIME AFTER IT […] OUGHT TO HAVE [BEEN] DISCOVERED […]" (CISG ARTICLE 39(1)) - APPLICATION OF UNIDROIT PRINCIPLES (AS WELL AS CISG ARTICLE 7(1)) ADOPTING BROADER CONCEPT OF GOOD FAITH THAN FRENCH LAW
Netherlands Gerechtshof's Hertogenbosch 16-10-2002 SALES CONTRACT - BETWEEN A FRENCH SELLER AND A DUTCH BUYER - GOVERNED BY CISG INTERPRETATION OF CISG – REGARD TO INTERNATIONAL ORIGIN OF THE CONVENTION AND NEED OF ITS UNIFORM APPLICATION (ARTICLE 7 CISG) – REGARD TO COMMON PRINCIPLES OF CONTRACTING STATES – REFERENCE TO UNIDROIT PRINCIPLES AND TO PRINCIPLES OF EUROPEAN CONTRACT LAW APPLICABILITY OF SELLER’S STANDARD TERMS – TRADE USAGE (ARTICLE 9(2) CISG)) INCORPORATION OF SELLER’S STANDARD TERMS INTO CONTRACT - APPLICATION OF GENERAL RULES ON OFFER AND ACCEPTANCE (ARTICLE 18 CISG) - REFERENCE TO STANDARD TERMS IN OFFER NECESSARY QUESTION AS TO WHETHER BEFORE OR AT TIME OF CONCLUSION OF CONTRACT BUYER MUST BE GIVEN OPPORTUNITY TO KNOW CONTENT OF SELLER'S STANDARD TERMS NOT EXPRESSLY REGULATED IN CISG - QUESTION LEFT OPEN IN UNIDROIT PRINCIPLES (CF. COMMENTS TO ARTICLE 2.20[ART. 2.1.20 OF THE 2004 EDITION]) – AFFIRMATIVE SOLUTION ADOPTED BY PRINCIPLES OF EUROPEAN CONTRACT LAW (ARTICLE 2.104) – SAME SOLUTION TO BE ADOPTED UNDER CISG AS IT PROMOTES GOOD FAITH IN INTERNATIONAL TRADE AND REFLECTS DOMESTIC LAW OF BOTH SELLER’S AND BUYER’S COUNTRIES (FRANCE AND THE NETHERLANDS)
Netherlands Hoge Raad 21-09-2007 SALES CONTRACT - BETWEEN TWO DUTCH PARTIES - REFERENCE TO PRINCIPLES OF EUROPEAN CONTRACT LAW AND TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (DUTCH LAW) STANDARD TERMS - EXEMPTION CLAUSE - WHETHER OR NOT BINDING ON ADHERING PARTY (ARTICLE 6:233(B) DUTCH CIVIL CODE; ARTICLE 2:204(2) OF THE PRINCIPLES OF EUROPEAN CONTRACT LAW AND ARTICLE 2.1.20(1) OF THE UNIDROIT PRINCIPLES)
Netherlands Hoge Raad 11-07-2008 SALES CONTRACT - BETWEEN TWO DUTCH COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF SOLUTION ADOPTED UNDER THE APPLICABLE DOMESTIC LAW (DUTCH LAW) ADMISSIBILITY OF EXEMPTION CLAUSES - REFERENCE TO ARTICLE 7.1.6 UNIDROIT PRINCIPLES AND COMMENTS THERETO AS WELL AS TO ARTICLE 8:109 PRINCIPLES OF EUROPEAN CONTRACT LAW
Netherlands Hoge Raad 08-07-2011 SALES CONTRACT - BETWEEN TWO DUTCH COMPANIES - REFERENCE TO THE UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING THE APPLICABLE DOMESTIC LAW (DUTCH LAW) TERMINATION OF CONTRACT BY MERE NOTICE - TERMINATION NOT PRECLUSIVE OF RIGHT TO DAMAGES - REFERENCE TO ARTICLES 45, 61 AND 49, 64 CISG, ARTICLES 8:102 AND 9:303 OF THE PRINCIPLES OF EUROPEAN CONTRACT LAW (PECL), ARTICLES III-3:102 AND III-3:507 OF THE DRAFT COMMON FRAME OF REFERENCE (DCFR) AND TO ARTICLES 7.4.1 AND 7.3.2 OF THE UNIDROIT PRINCIPLES
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, 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 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 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 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 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 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
Poland Supreme Court of Poland 09-10-2008 SALES CONTRACT - BETWEEN A GERMAN COMPANY AND A POLISH COMPANY - CONTRACT GOVERNED BY THE CISG - REFERENCE TO THE UNIDROIT PRINCIPLES AS A MEANS FOR SUPPLEMENTING THE CISG - DENIED BREACH OF CONTRACT - RIGHT TO INTEREST - RATE OF INTEREST - TO BE DETERMINED ACCORDING TO LEX CAUSAE - REFERENCE TO UNIDROIT PRINCIPLES DENIED BECAUSE EXTERNAL TO THE CISG
Portugal Tribunal da Relação do Porto (Court of Appeal of Porto) 04-01-2010 SALES CONTRACT - BETWEEN A PORTUGUESE BUYER AND A SPANISH SELLER - UNIDROIT PRINCIPLES AS A MEANS FOR INTERPRETING DOMESTIC LAW (PORTUGUESE LAW) TERMINATION OF CONTRACT - DAMAGES FOR BREACH OF CONTRACT - AGGRIEVED PARTY ENTITLED TO FULL COMPENSATION FOR HARM, INCLUDING LOSS OF PROFIT (ARTICLE 7.4.2 UNIDROIT PRINCIPLES)
Portugal Supremo Tribunal de Justiça 21-10-2010 SALES CONTRACT - BETWEEN A PORTUGUESE BUYER AND A SPANISH SELLER - UNIDROIT PRINCIPLES AS A MEANS FOR INTERPRETING DOMESTIC LAW (PORTUGUESE LAW) TERMINATION OF CONTRACT - DAMAGES FOR BREACH OF CONTRACT - AGGRIEVED PARTY ENTITLED TO FULL COMPENSATION FOR HARM, INCLUDING LOSS OF PROFIT (ARTICLES 7.3.5(2) AND 7.4.2 UNIDROIT PRINCIPLES)
Romania Bucharest Court of Appeal 24-10-2014 SALES CONTRACT - BETWEEN AN ENGLISH SELLER AND A ROMANIAN BUYER – SELLLER’S STANDARD TERMS CONTAINING AN ARBITRATION CLAUSE IN FAVOR OF AN ARBITRATION SEATED IN ENGLAND – REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET ART. 23 OF EUROPEAN COUNCIL REGULATION NO. 44/2001 ON JURISDICTION AND RECOGNITION AND ENFORCEMENT OF JUDGEMENTS IN CIVIL AND COMMERCIAL MATTERS EFFECTIVENESS OF ARBITRATION CLAUSE CONTAINED IN STANDARD TERMS UNILATERALLY PREPARED BY SELLER AND SENT TO BUYER BY E-MAIL – RECEIPT PRINCIPLE – REFERENCE TO ART. 1.10 OF UNIDROIT PRINCIPLES EFFECTIVENESS OF ARBITRATION CLAUSE CONTAINED IN STANDARD TERMS UNILATERALLY PREPARED BY SELLER AND SENT TO BUYER BY E-MAIL – REFERENCE TO ARTS. 2.1.19 AND 2.1.20 OF UNIDROIT PRINCIPLES IN ORDER TO AFFIRM THE VALIDITY AND WIDE DIFFUSION IN INTERNATIONAL COMMERCIAL PRACTICE OF THIS FORM OF CONTRACT CONCLUSION - BURDEN OF PROOF ON THE PARTY WHO PROPOSES AN INTERPRETATION DIFFERENT FROM THAT PROVIDED BY THE UNIDROIT PRINCIPLES
Russian Federation Arbitrazh Court of Primorsky territory 30-11-2007 SALES CONTRACT - BETWEEN A RUSSIAN COMPANY AND A KOREAN COMPANY - UNIDROIT PRINCIPLES APPLIED AS MEANS OF INTERPRETING DOMESTIC LAW (RUSSIAN LAW) USAGES WIDELY KNOWN AND REGULARLY OBSERVED IN INTERNATIONAL TRADE - REFERENCE BY ONE OF THE PARTIES TO ARTICLE 1.9 OF THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS CONTRACT CONCLUDED BY SEQUENCE OF OFFER AND ACCEPTANCE OR PARTIES' CONDUCT SUFFICIENT TO SHOW AGREEMENT - REFERENCE BY ONE OF THE PARTIES TO ARTICLE 2.1.1 OF THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS
Russian Federation Second circuit Arbitrazh Court of Appeal 24-08-2009 SALES CONTRACT - BETWEEN TWO RUSSIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING OR SUPPLEMENTING APPLICABLE DOMESTIC LAW (RUSSIAN LAW) SUPERVENING FINANCIAL CRISIS IMPEDING BUYER FROM PAYING THE PRICE - DOES NOT AMOUNT TO FORCE MAJEURE BECAUSE NOT AN UNAVOIDABLE EVENT - REFERENCE TO ARTICLE 7.1.7 UNIDROIT PRINCIPLES
Russian Federation Second circuit Arbitrazh Court of Appeal 15-09-2009 SALES CONTRACT - BETWEEN TWO RUSSIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING OR SUPPLEMENTING APPLICABLE DOMESTIC LAW (RUSSIAN LAW) SUPERVENING FINANCIAL CRISIS IMPEDING BUYER FROM PAYING THE PRICE - DOES NOT AMOUNT TO FORCE MAJEURE BECAUSE NOT AN UNAVOIDABLE EVENT - REFERENCE TO ARTICLE 7.1.7 UNIDROIT PRINCIPLES
Russian Federation Second circuit Arbitrazh Court of Appeal 16-09-2009 SALES CONTRACT - BETWEEN TWO RUSSIAN COMPANIES – REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT APPLICABLE LAW (RUSSIAN LAW). NOTION OF FORCE MAJEURE – REFERENCE TO ARTICLE 7.1.7 OF UNIDROIT PRINCIPLES
Russian Federation Second circuit Arbitrazh Court of Appeal 22-12-2009 SALES CONTRACT - BETWEEN TWO RUSSIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING OR SUPPLEMENTING APPLICABLE DOMESTIC LAW (RUSSIAN LAW) SUPERVENING FINANCIAL CRISIS IMPEDING BUYER FROM PAYING THE PRICE - DOES NOT AMOUNT TO FORCE MAJEURE BECAUSE NOT AN UNAVOIDABLE EVENT - REFERENCE TO ARTICLE 7.1.7 UNIDROIT PRINCIPLES
Russian Federation Arbitrazh Court of Saint Petersburg and Leningrad area 29-04-2011 SALES CONTRACT - BETWEEN TWO RUSSIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES AND OTHER INTERNATIONAL AND FOREIGN LEGAL SOURCES TO SUPPLEMENT APPLICABLE DOMESTIC LAW (RUSSIAN LAW) IMPUTATION OF PAYMENTS - REFERENCE, AMONG OTHERS, TO ARTICLES 6.12 (1) OF UNIDROIT PRINCIPLES AND 7:109 (4)OF PRINCIPLES OF EUROPEAN CONTRACT LAW
Russian Federation Federal Arbitrazh Court of the North-West district 12-12-2011 SALES CONTRACT - BETWEEN A RUSSIAN COMPANY AND A GERMAN COMPANY - REFERENCE TO UNIDROIT PRINCIPLES TO CONFIRM THE SOLUTION PROVIDED BY APPLICABLE DOMESTIC LAW (RUSSIAN LAW) RIGHT TO DAMAGES FOR BREACH OF CONTRACT - REFERENCE TO ARTICLE 7.4.1 UNIDROIT PRINCIPLES AND TO ARTICLES 45 AND 61 OF THE CISG IN SUPPORT OF ARTICLE 309 OF THE CIVIL CODE OF THE RUSSIAN FEDERATION
Russian Federation Arbitrazh Court of Kaliningrad region 15-12-2011 SALES CONTRACT - BETWEEN A RUSSIAN BUSINESS PERSON AND A RUSSIAN COMPANY - REFERENCE TO THE CISG AND TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (RUSSIAN LAW) CLAIM FOR DAMAGES - REFERENCE TO ARTS. 45 AND 61 OF CISG AND 7.4.1 UNIDROIT PRINCIPLES DEFINED AS THE MOST MODERN INTERNATIONAL APPROACHES TO THE MATTER
Russian Federation Sixth circuit Arbitrazh Court of Appeal 05-06-2012 SALES CONTRACT - BETWEEN A RUSSIAN COMPANY AND A CHINESE COMPANY - UNIDROIT PRINCIPLES AS A MEANS FOR INTERPRETING APPLICABLE DOMESTIC LAW (RUSSIAN LAW) CONTRACT INDICATING DOCUMENTS NECESSARY FOR DELIVERY OF GOODS - CUSTOM AUTHORITY REQUESTING ADDITIONAL DOCUMENTS AND IN THE ABSENCE OF SUCH DOCUMENTS DETERMINING EX OFFICIO HIGHER PRICE FOR PAYMENT OF CUSTOM DUTIES PURPOSES THAN THAT AGREED BETWEEN THE PARTIES IN THEIR CONTRACT - CUSTOM AUTHORITY´S DETERMINATION ILLEGAL - REFERENCE TO ART. 65 OF THE CUSTOMS CODE OF THE RUSSIAN FEDERATION AND TO ART. 1.1 OF THE UNIDROIT PRINCIPLES
Russian Federation Arbitrazh court of Kostroma region 25-07-2012 SALES CONTRACT - BETWEEN TWO RUSSIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (RUSSIAN LAW) DAMAGES - AMOUNT OF HARM NOT DETERMINABLE WITH CERTAINTY - DISCRETIONARY DETERIMNATION BY COURT - REFERENCE TO ARTICLE 7.4.3 (3) UNIDROIT PRINCIPLES
Russian Federation Arbitrazh Court of Tyumen region 07-08-2012 SALES CONTRACT - BETWEEN A RUSSIAN BUSINESS PERSON AND A COMPANY OF HONG KONG - CHOICE BY PARTIES OF UNIDROIT PRINCIPLES AS GOVERNING LAW TERMINATION OF CONTRACT FOR NON-PERFORMANCE - ARTICLES 7.3.1 AND 7.3.6 OF UNIDROIT PRINCIPLES APPLIED
Russian Federation Arbitrazh Court of Khabarovsk area 25-12-2012 SALES CONTRACT - BETWEEN A RUSSIAN COMPANY AND AN HONG KONG COMPANY - UNIDROIT PRINCIPLES AS MEANS FOR INTERPRETING APPLICABLE DOMESTIC LAW (RUSSIAN LAW) FREEDOM OF THE PARTIES TO AGREE ON THE PRICE - REFERENCE TO EXISTING RUSSIAN REGULATION, TO GATT AND TO ARTICLE 1.1 UNIDROIT PRINCIPLES
Russian Federation Fourth circuit Arbitrazh Court of Appeal 08-04-2013 SALES CONTRACT - BETWEEN RUSSIAN AND CHINESE COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES AS MEANS FOR INTERPRETING APPLICABLE DOMESTIC LAW (RUSSIAN LAW) PARTIES FREE TO DETERMINE CONTENT OF CONTRACT - REFERENCE TO ARTICLE 1.1. UNIDROIT PRINCIPLES
Spain Tribunal Supremo (Sala de lo Civil) 09-07-2007 SALES CONTRACT - BETWEEN SOME SPANISH INDIVIDUALS AND A SPANISH REAL ESTATE COMPANY UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING DOMESTIC LAW (SPANISH LAW) RIGHT TO DAMAGES - TO BE GRANTED WHEN DEFAULTING PARTY'S NON-PERFORMANCE SUBSTANTIALLY DEPRIVES AGGRIEVED PARTY OF WHAT IT WAS ENTITLED TO EXPECT UNDER THE CONTRACT (ART. 7.3.1(2)(A) UNIDROIT PRINCIPLES)
Spain Tribunal Supremo (Sala de lo Civil) 23-07-2007 ADMINISTRATIVE CONTRACTS - SALES CONTRACT - BETWEEN A SPANISH INDIVIDUAL AND A SPANISH MUNICIPALITY UNIDROIT PRINCIPLES AND PRINCIPLES OF EUROPEAN CONTRACT LAW AS MEANS OF INTERPRETING DOMESTIC LAW (SPANISH LAW) TERMINATION FOR BREACH OF CONTRACT - ADMISSIBLE WHEN DEFAULTING PARTY'S NON-PERFORMANCE SUBSTANTIALLY DEPRIVES AGGRIEVED PARTY OF WHAT IT WAS ENTITLED TO EXPECT UNDER THE CONTRACT (ART. 7.3.1(2)(A) UNIDROIT PRINCIPLES) NON-PERFORMANCE EXCUSED - CONDITIONS (ART. 8:108 PRINCIPLES OF EUROPEAN CONTRACT LAW)
Spain Audiencia Provincial de Lleida (Cataluna) 13-09-2007 SALES CONTRACT - BETWEEN TWO SPANISH INDIVIDUALS - UNIDROIT PRINCIPLES AND PRINCIPLES OF EUROPEAN CONTRACT LAW AS MEANS OF INTERPRETING DOMESTIC LAW (SPANISH LAW) IMPOSSIBILITY OF PERFORMANCE - EFFECTS OF ORIGINAL IMPOSSIBILITY THE SAME AS THOSE OF SUPERVENING IMPOSSIBILITY (ART. 3.3 (1) UNIDROIT PRINCIPLES; ART. 4:102 PRINCIPLES OF EUROPEAN CONTRACT LAW)
Spain Audiencia Provincial de Madrid 12-11-2007 SALES CONTRACT - BETWEEN TWO SPANISH INDIVIDUALS - UNIDROIT PRINCIPLES USED AS A MEANS FOR INTERPRETING DOMESTIC LAW (SPANISH LAW) TERMINATION OF CONTRACT - FUNDAMENTAL NON-PERFORMANCE (ARTICLE 7.3.1)
Spain Audiencia Provincial de Tarragona 26-11-2007 SALES CONTRACT - BETWEEN A SPANISH CONSTRUCTION COMPANY AND A SPANISH INDIVIDUAL - UNIDROIT PRINCIPLES USED AS A MEANS FOR INTERPRETING DOMESTIC LAW (SPANISH LAW) TERMINATION OF CONTRACT - FUNDAMENTAL NON-PERFORMANCE (ARTICLE 7.3.1)
Spain Audiencia Provincial de Cádiz (Sección 2ª) 19-01-2009 SALES CONTRACT - BETWEEN TWO SPANISH PARTIES - GOVERNED BY SPANISH LAW TERMINATION OF CONTRACT FOR FUNDAMENTAL BREACH - NOTION OF "FUNDAMENTAL BREACH" - REFERENCE TO ARTICLE 7.3.1 UNIDROIT PRINCIPLES ASSIGNMENT BY SELLER OF A PARKING SPACE LACKING CONTRACTUALLY AGREED SPECIFICATIONS - DOES NOT AMOUNT TO A FUNDAMENTAL BREACH
Spain Audiencia Provincial de Valencia (Sección 7ª) 06-03-2009 SALES CONTRACT - BETWEEN TWO SPANISH PARTIES - GOVERNED BY SPANISH LAW TERMINATION OF CONTRACT FOR FUNDAMENTAL BREACH - NOTION OF "FUNDAMENTAL BREACH" - REFERENCE TO ARTICLE 7.3.1 UNIDROIT PRINCIPLES, ARTICLES 8:101 AND 8:103 PRINCIPLES OF EUROPEAN CONTRACT LAW AND ARTICLE 49(1) CISG BUYER'S FAILURE TO PAY THE REMAINDER OF THE PRICE - DOES NOT AMOUNT TO A FUNDAMENTAL BREACH
Spain Audiencia Provincial de Murcia (Sección 1) 08-07-2011 SALES CONTRACT - BETWEEN TWO SPANISH COMPANIES - REFERENCE TO THE CISG AND TO THE UNIDROIT PRINCIPLES IN SUPPORT OF THE SOLUTION UNDER THE APPLICABLE DOMESTIC LAW (SPANISH LAW) PRICE OF THE GOODS NOT FIXED IN THE CONTRACT - TO BE DETERMINED IN ACCORDANCE WITH OBJECTIVE CRITERIA SUCH AS THE MARKET PRICE - REFERENCE TO SPANISH CIVIL CODE AND A NUMBER OF INTERNATIONAL INSTRUMENTS AMONG WHICH THE UNIDROIT PRINCIPLES (ART. 5.1.7)
Spain Audiencia Provincial de Granada 21-07-2014 SALES CONTRACT - BETWEEN A SPANISH INDIVIDUAL AND A SPANISH REAL ESTATE COMPANY - REFERENCE TO UNIDROIT PRINCIPLES TO CONFIRM THAT SOLUTION PROVIDED BY APPLICABLE DOMESTIC LAW (SPANISH LAW) IS IN CONFORMITY WITH INTERNATIONAL STANDARDS TERMINATION OF CONTRACT FOR NON-PERFORMANCE BY SELLER - BUYER´S RIGHT TO FULL COMPENSATION OF HARM SUSTAINED AS RESULT OF NON-PERFORMANCE - NON-MONETARY HARM SUCH AS EMOTIONAL DISTRESS - RECOVERABLE - REFERENCE TO ARTICLE 7.4.2 (2) UNIDROIT PRINCIPLES
Spain Audiencia Provincial de Madrid 17-02-2015 SALES CONTRACT - BETWEEN A SPANISH AND AN ITALIAN COMPANY - CONTRACT GOVERNED BY THE CISG LIMITATION PERIODS - NOT COVERED BY THE CISG - REFERENCE TO ARTICLE 10. 2 OF UNIDROIT PRINCIPLES TO FILL IN THE GAP
Spain Tribunal Supremo 24-02-2015 SALES CONTRACT - BETWEEN THREE SPANISH INDIVIDUAL AND A SPANISH COMPANY - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (SPANISH LAW) HARDSHIP - REFERENCE TO UNIDROIT PRINCIPLES TO OVERRULE PREEXISTENT SPANISH LAW HARDSHIP – 2008 SPANISH ECONOMIC CRISIS - CANNOT IN ITSELF REPRESENT A FUNDAMENTAL CHANGE OF CIRCUMSTANCES
Ukraine Kharkiv Regional Commercial Court 23-03-2009 SALES CONTRACT - BETWEEN TWO UKRAINIAN COMPANIES UNIDROIT PRINCIPLES APPLIED BEFORE UKRAINAIN COURTS AS A MEANS OF INTERPRETING AND SUPPLEMENTING THE APPLICABLE DOMESTIC LAW (UKRAINIAN LAW) MODIFICATION OF TERMS OF THE CONTRACT BY MERE CONDUCT OF PARTIES - REFERENCE TO ARTICLE 2.1.1 UNIDROIT PRINCIPLES.
Ukraine High Commercial Court of Ukraine 30-11-2010 SALES CONTRACT - BETWEEN A RUSSIAN BUYER AND UKRAINIAN SELLER - UKRAINIAN LAW CHOSEN AS THE LAW GOVERNING THE CONTRACT - RELEVANCE OF THE UNIDROIT PRINCIPLES AS EXPRESSION OF INTERNATIONAL TRADE CUSTOM AS LONG AS THEY DO NOT CONFLICT WITH APPLICABLE LAW REFUSAL BY RUSSIAN AUTHORITIES TO GRANT REQUESTED IMPORT LICENCE - BUYER PREVENTED TO TAKE DELIVERY OF THE GOODS - TERMINATION OF CONTRACT DUE TO FORCE MAJEURE - REFERENCE TO ARTICLES 1.7 (1); 3.15(1); 6.1.14, 6.1.15 AND 6.1.16(1); 7.1.7(1) OF UNIDROIT PRINCIPLES (1994 EDITION). PLEASE NOTE THAT THE 1994 EDITION OF THE PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS IS OFFICIALLY CONSIDERED AS ONE OF THE DOCUMENTS THAT ENSHRINES THE TRADE CUSTOMS APPLIED IN UKRAINE.(SEE PART 2, PARA. 6, PAGE 3 OF THE EXPLANATORY NOTE OF THE HIGH COMMERCIAL COURT OF UKRAINE NO. 01-8/211 FROM 07.04.2008).
Ukraine Kyiv Commercial Court of Appeal 16-06-2011 SALES CONTRACT - BETWEEN TWO UKRAINIAN COMPANIES - UNIDROIT PRINCIPLES SETTING FORTH GENERAL RULES OF INTERNATIONAL COMMERCIAL CONTRACTS - NOT APPLICABLE TO DOMESTIC CONTRACTS
Ukraine Zaporizkyi Regional Administrative Court 10-04-2012 SALES CONTRACT – PLURALITY OF PARTIES OF DIFFERENT NATIONALITIES (UKRAINIAN, TURKISH, IRANIAN) - DISPUTE WITH THE UKRAINIAN TAX AUTHORITY - UNIDROIT PRINCIPLES APPLIED BEFORE UKRAINIAN COURTS AS A MEANS FOR INTERPRETING APPLICABLE DOMESTIC LAW (UKRAINIAN LAW) FORCE MAJEURE - REFERENCE TO THE UKRAINIAN LEGISLATION CONCERNING OPERATIONS IN FOREIGN CURRENCY AND TO ARTICLE 7.1.7 UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS (1994 ED.)
Ukraine Dnipropetrovsk Regional Commercial Court 23-07-2013 SALES CONTRACT - BETWEEN AN UKRAINIAN STATE-OWNED COMPANY AND ANOTHER UKRAINIAN COMPANY - UNIDROIT PRINCIPLES CONSIDERED TO ENSHRINE INTERNATIONAL TRADE CUSTOMS IN UKRAINIAN LAW - APPLICABLE ONLY IF NOT CONFLICTING WITH THE TERMS OF THE CONTRACT.
United Kingdom Sheriffdom of Tayside Central and Fife 30-11-2012 SALES CONTRACT - BETWEEN A SCOTTISH PROPERTY DEVELOPMENT COMPANY AND TWO SCOTTISH INDIVIDUALS - RECOURSE TO THE UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING APPLICABLE DOMESTIC LAW (SCOTTISH LAW) CONTRACT INTERPRETATION - WRITTEN CONTRACT CONTAINING A MERGER CLAUSE - USE OF EXTRINSIC EVIDENCE FOR CONTRACT INTERPRETATION NOT PRECLUDED - REFERENCE TO UNIDROIT PRINCIPLES (ART. 2.1.17)
Uzbekistan The Judicial Chamber for Economic Cases, Tashkent 12-02-2021 SALES CONTRACT - BETWEEN A RUSSIAN SELLER AND A UZBEK BUYER - GOVERNED BY CISG, THE INCOTERMS 2010, THE NATIONAL LAW ESTABLISHED UNDER THE PRIVATE INTERNATIONAL RULES OF THE FORUM [RUSSIAN LAW] AND, IN CASES WHERE IT WAS IMPOSSIBLE TO FIND THE RELEVANT APPLICABLE LAW, THE UNIDROIT PRINCIPLES BUYER'S OBLIGATION TO PAY THE PRICE (ART. 53 CISG)
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
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).