UNCITRAL CLOUT Case 936

4C.94/2006 (2007)

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UNCITRAL CLOUT Case 936

Switzerland Federal Supreme Court
4C.94/2006 (2007)

RW

Facts

A Taiwanese seller (plaintiff) contracted to deliver goods to a Swiss buyer (defendant). Upon learning that the buyer had a substantial outstanding debt, the seller suspended delivery and sued for full contract payment. In its defense, the buyer claimed to have avoided the contract for nondelivery. After lower Swiss courts ruled for the buyer, the seller appealed to the Swiss federal court.

Rule of Law

Issue

Holding and Reasoning ()

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