ICC Case No. 8128
International Chamber of Commerce International Court of Arbitration
123 J. Droit Int’l 1024 (1996)
- Written by Rich Walter, JD
Facts
[Editor’s Note: The casebook International Sales Law: A Problem-Oriented Casebook (John Spanogle and Peter Winship ed., 2d ed. 2011) erroneously gives the title of this case as “ICC Case No. 8182.” The correct title is “ICC Case No. 8128.”] The sales contract between a Swiss buyer (plaintiff) and an Austrian seller (defendant) involved the delivery of goods to Ukraine. The contract contained an arbitration clause, but the clause did not designate the substantive law applicable to such an arbitration. A contract dispute subsequently arose, which the parties referred to the International Chamber of Commerce (ICC) International Court of Arbitration for resolution. The ICC chose Switzerland as the country, in which a German arbitrator would resolve the dispute. Austria, Germany, Switzerland, and Ukraine all were contracting states under the United Nations Convention on Contracts for the International Sale of Goods (CISG), which was in force when the parties formed their contract.
Rule of Law
Issue
Holding and Reasoning ()
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