UNCITRAL CLOUT Case 534

7Ob 275/03x (2003)

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UNCITRAL CLOUT Case 534

Austria Supreme Court of Justice
7Ob 275/03x (2003)

RW

Facts

An Austrian buyer and a Hong Kong-based seller concluded a sales contract that had been negotiated and written in English. Pursuant to the contract, the buyer submitted a sale order that referred to the buyer’s general terms of contract, which were printed on the back of the order form in German. The terms subsequently gave rise to a dispute that was litigated in Austrian courts in accordance with the United Nations Convention on Contracts for the International Sale of Goods (CISG). The trial court and an intermediate appellate court held that the buyer’s general terms of contract were inoperative because they were written in a language other than that in which the contract was negotiated and drafted. The buyer appealed to Austria’s supreme court.

Rule of Law

Issue

Holding and Reasoning ()

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