SELECTED CASES BY TYPE OF CONTRACT INVOLVED

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

SELECTED CASES BY NATIONALITY OF THE PARTIES

KEYWORD	Count of Cases
AFRICAN	6
ALGERIAN	1
ARGENTINIAN	14
AUSTRALIAN	17
AUSTRIAN	10
BAHAMIAN	1
BELGIAN	6
BELORUSSIAN	7
BERMUDIAN	1
BRAZILIAN	9
BRITISH VIRGIN ISLAND	1
BULGARIAN	1
CANADIAN	13
CENTRAL EUROPEAN	1
CHILEAN	4
CHINESE	43
COLOMBIAN	8
CONGOLESE	1
COSTA RICAN	5
CYPRIOT	8
CZECH	1
DANISH	3
DUTCH	23
DUTCH ANTILLEAN	1
EAST ASIAN	1
EASTERN EUROPEAN	6
ECUADORIAN	2
EGYPTIAN	1
ENGLISH	42
ESTONIAN	2
EUROPEAN	59
FINNISH	1
FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS (FAO)	1
FOOTBALL ASSOCIATION OF WALES	1
FRENCH	38
GEORGIAN	6
GERMAN	27
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, Brussels 8548 00-00-1996 LONG-TERM CONTRACTS - AGENCY CONTRACT - BETWEEN A NORTH AMERICAN AGENT AND A GERMAN-BELGIAN GROUP OF COMPANIES - SILENT AS TO APPLICABLE LAW - PARTIES AGREE ON THE APPLICATION OF DUTCH LAW GOOD FAITH IN CONTRACT PERFORMANCE - REFERENCE TO UNIDROIT PRINCIPLES TO CONFIRM THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW
Arbitral Award ICC International Court of Arbitration 9651 00-08-2000 SUPPLY AND INSTALLATION CONTRACT - BETWEEN A GERMAN COMPANY AND AN INDIAN COMPANY - CHOICE OF LAW CLAUSE REFERRING TO SWISS LAW – SCOPE – INTERPRETATION ACCORDING TO UNDERSTANDING OF REASONABLE BUSINESS PEOPLE FRAUD AND MISREPRESENTATION IN CONTRACT NEGOTIATION – APPLICABLE DOMESTIC LAW (SWISS LAW) IN ACCORDANCE WITH “COMMON UNDERSTANDING OF ALL CIVILIZED JURISPRUDENCE” – REFERENCE TO ARTICLES 2.15(2)[ART. 2.1.15(2) OF THE 2004 EDITION], 3.8 AND 3.9 OF THE UNIDROIT PRINCIPLES.
Arbitral Award ICC International Court of Arbitration 9078 00-10-2001 LONG-TERM CONTRACTS - LICENSING AGREEMENT - BETWEEN A SWEDISH LICENSOR AND A GERMAN LICENSEE - LICENSEE UNDERTAKES TO NO LONGER MANUFACTURE AND SELL LICENSED THE GOODS BUT THEN FAILS TO FULFILL ITS OBLIGATION - LICENSOR CLAIMS DAMAGES FOR LOST OPPORTUNITIES APPLICABLE LAW (GERMAN LAW) UNCLEAR AS TO WHETHER DAMAGES FOR LOST OPPORTUNITIES CAN BE AWARDED - REFERENCE TO OTHER DOMESTIC LAWS AND TO THE UNIDROIT PRINCIPLES TO SUPPORT DECISION TO AWARD SUCH DAMAGES
Arbitral Award International Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation 05-11-2002 SERVICE CONTRACT - BETWEEN A RUSSIAN COMPANY AND A GERMAN COMPANY - CONTRACT PROVIDING FOR APPLICATION OF BOTH GERMAN LAW AND RUSSIAN LAW AND OF THE “GENERAL PRINCIPLES OF THE LEX MERCATORIA“ – APPLICATION OF THE UNIDROIT PRINCIPLES. INTERPRETATION OF CONTRACT – NATURE OF THE CONTRACT AND INTENTION OF THE PARTIES (ARTICLES 4.1 AND 4.3 OF THE UNIDROIT PRINCIPLES). INTEREST PAYABLE ON AMOUNT DUE – MONETARY CLAIM IN EURO – APPLICATION OF THE INTEREST RATE APPLIED BY RUSSIAN BANKS FOR LOANS STIPULATED IN EURO (ARTICLE 7.4.9 OF THE UNIDROIT PRINCIPLES).
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 ICC International Court of Arbitration 12193 00-06-2004 LONG-TERM CONTRACTS - DISTRIBUTION CONTRACT - BETWEEN GERMAN MANUFACTURER AND LEBANESE DISTRIBUTOR - CONTRACT SILENT AS TO THE LAW GOVERNING THE CONTRACT - LEBANESE LAW APPLIED ONE PARTY'S REQUEST FOR SUBSIDIARY APPLICATION OF GENERAL PRINCIPLES OF LAW OR LEX MERCATORIA AS EXPRESSED IN UNIDROIT PRINCIPLES - REQUEST REFUSED - ACCORDING TO ARBITRAL TRIBUNAL APPLICATION OF LEX MERCATORIA JUSTIFIED ONLY IF CONTRACT IS CLOSELY CONNECTED WITH MORE THAN ONE COUNTRY OR IF APPLICABLE DOMESTIC LAW FAILS TO PROVIDE SOLUTION TO ISSUES AT STAKE REFERENCE BY ARBITRAL TRIBUNAL TO ARTICLE 7.4.1 UNIDROIT PRINCIPLES TO DEMONSTRATE THAT CORRESPONDING PROVISION OF LEBANESE LAW CONFORMS TO LEX MERCATORIA
Arbitral Award World Intellectual Property Organization Arbitration and Mediation Center (Geneva) 25-01-2007 LONG-TERM CONTRACTS - LICENSING AND JOINT RESEARCH AGREEMENT - BETWEEN A FRENCH INVESTOR AND A GERMAN MANUFACTURING COMPANY - SWISS LAW AS GOVERNING LAW - REFERENCE TO UNIDROIT PRINCIPLES UNJUSTIFIED TERMINATION OF AGREEMENT - COMPENSATION OF LOSS OF A CHANCE - TO BE PROPORTIONATE TO THE PROBABILITY OF ITS OCCURRENCE (ARTICLE 7.4.3(2) UNIDROIT PRINCIPLES) HARM DUE IN PART TO THE AGGRIEVED PARTY - AMOUNT OF DAMAGES TO BE REDUCED PROPORTIONALLY (ARTICLE 7.4.7 UNIDROIT PRINCIPLES)
Arbitral Award 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 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 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 Deutsches Sportschiedsgericht 17-12-2009 DISPUTE BETWEEN A GERMAN ATHLETE AND THE GERMAN SPORT ASSOCIATION - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING DOMESTIC LAW (GERMAN LAW) CONTRA PROFERENTEM RULE - GENERAL PRINCIPLE OF INTERPRETATION - REFERENCE TO ARTICLE 4.6 UNIDROIT PRINCIPLES
Arbitral Award International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 25-01-2013 TELECOMMUNICATION SERVICE CONTRACT - BETWEEN A RUSSIAN COMPANY AND AN ENGLISH COMPANY - CONTRACT SILENT AS TO APPLICABLE LAW - ARBITRAL TRIBUNAL APPLIED GERMAN LAW TOGETHER WITH THE UNIDROIT PRINCIPLES INCONSISTENT BEHAVIOUR - REFERENCE TO ARTICLE 1.8 UNIDROIT PRINCIPLES
Arbitral Award International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 06-08-2015 COMMISSION CONTRACT - LINKED TO A CONSTRUCTION CONTRACT AND TO A CONTRACT FOR PERFORMANCE OF WORKS AND PROVISION OF SERVICES - BETWEEN A RUSSIAN COMPANY AND A GERMAN COMPANY - GOVERNED BY RUSSIAN LAW - ARBITRAL TRIBUNAL DECIDED TO APPLY ALSO TO UNIDROIT PRINCIPLES 2010 GIVEN THE COMPLEXITY OF THE RELATIONSHIP BETWEEN THE PARTIES AND THE FACT THAT IT WAS A MATTER OF INTERNATIONAL TRADE NOTION OF DEFECTIVE GOODS - REFERENCE BY THE ARBITRAL TRIBUNAL TO ARTS. 1.7, 5.1.6 AND 4.8 UNIDROIT PRINCIPLES
Arbitral Award Chinese European Arbitration Centre (CEAC) 30-04-2018 LONG-TERM CONTRACTS - EXCLUSIVE AGENCY CONTRACT - BETWEEN A CHINESE COMPANY (AGENT) AND A GERMAN COMPANY (PRINCIPAL) - PARTIES' CHOICE OF THE UNIDROIT PRINCIPLES 2016 AS THE LAW GOVERNING THEIR CONTRACT VIOLATION OF THE EXCLUSIVITY CLAUSE BY THE PRINCIPAL - BREACH OF CONTRACT - AGENT ENTITLED TO DAMAGES ACCORDING TO ART. 7.4.1 UNIDROIT PRINCIPLES - REFERENCE BY THE ARBITRAL TRIBUNAL ALSO TO ARTS. 7.4.2 AND 7.4.3 UNIDROIT IN ORDER TO DETERMINE THE AMOUNT OF SUCH DAMAGES
Court of Justice of the European Communities Court of Justice of the European Communities 17-09-2002 CONTRACT NEGOTIATIONS - BETWEEN AN ITALIAN COMPANY AND A GERMAN COMPANY INTERPRETATION OF THE BRUSSELS CONVENTION ON JURISDICTION AND ENFORCEMENT OF JUDGMENTS - REFERENCE TO THE UNIDROIT PRINCIPLES PRECONTRACTUAL LIABILITY - IMPOSED BY LAW - ARTICLE 2.15(2) [ART. 2.1.15(2) OF THE 2004 EDITION] OF THE UNIDROIT PRINCIPLES
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
Germany Landgericht Frankfurt 15-12-2011 DISPUTE BETWEEN A GERMAN ATHLETE AND THE GERMAN SPORT ASSOCIATION - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING DOMESTIC LAW (GERMAN LAW) CONTRA PROFERENTEM RULE - GENERAL PRINCIPLE OF INTERPRETATION - REFERENCE TO ARTICLE 4.6 UNIDROIT PRINCIPLES
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
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 de Lisboa (Court of Appeal of Lisbon) 24-03-2022 FINANCIAL INVESTMENT AGREEMENT - BETWEEN A GERMAN BANK AND A SOUTH EUROPEAN FINANCIAL INVESTMENT COMPANY - REFERENCE BY THE ONE OF THE PARTIES TO PECL AND TO UNIDROIT PRINCIPLES IN ORDER TO QUALIFY THE TYPE OF CONTRACT - COURT PREFERRING TO RECOURSE TO NATIONAL LAW INSTEAD OF SOFT LAW INSTRUMENTS
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 Supreme Commercial Court of Russian Federation 01-08-2013 SUPPLY CONTRACT BETWEEN A GERMAN COMPANY AND A RUSSIAN COMPANY - REFERENCE TO THE UNIDROIT PRINCIPLES IN SUPPORT OF SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (RUSSIAN LAW) CONTRACT NOT EXPRESSLY SPECIFYING COUNTRY OF ORIGIN OF GOODS - SELLER UNDER DUTY TO PROVIDE REASONABLE INFORMATION ABOUT ORIGIN OF GOODS DELIVERED - REFERENCE TO THE PRINCIPLE OF GOOD FAITH AS LAID DOWN IN ART.304 OF THE RUSSIAN CIVIL CODE AND IN ART. 1.7 (1) OF UNIDROIT PRINCIPLES
Spain Tribunal Supremo (Sala de lo Civil) 04-07-2006 LONG-TERM CONTRACTS - AGENCY CONTRACT - BETWEEN A GERMAN SHIPPING COMPANY AND A SPANISH COMPANY UNIDROIT PRINCIPLES AND PRINCIPLES OF EUROPEAN CONTRACT LAW AS MEANS OF INTERPRETING DOMESTIC LAW (GERMAN LAW) GOOD FAITH - PARAGRAPH 242 OF THE GERMAN CIVIL CODE DIFFERENT FROM ART. 1258 OF THE SPANISH CIVIL CODE - CORRESPONDING IN SUBSTANCE TO ART. 1.7 OF THE UNIDROIT PRINCIPLES AND ART. 1:201 OF THE PRINCIPLES OF EUROPEAN CONTRACT LAW
Spain Tribunal Supremo 06-07-2020 SUPPLY CONTRACT FOR GOODS TO BE MANUFACTURED OR PRODUCED – BETWEEN A SPANISH SELLER AND A GERMAN BUYER - COVERED BY CISG (ART. 3(1) CISG) LIMITATION PERIODS (PRESCRIPTION) - MATTER EXCLUDED FROM THE SCOPE OF CISG (ART. 4 CISG) - REFERENCE BY PARTY TO THE UNIDROIT PRINCIPLES AS A MEANS TO SUPPLEMENT THE CONVENTION - APPLICATION EXCLUDED BECAUSE THE UNIDROIT PRINCIPLES HAVE NO BINDING NORMATIVE FORCE AND ABSENT A CHOICE OF THE PARTIES IN THIS SENSE - DOMESTIC LAW APPLIED
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).