According to CISG Art. 1(1), the Convention applies to contracts of sale of goods between parties whose places of business are in different States: (a) when the States are Contracting States; or (b) when the rules of private international law lead to the application of the law of a Contracting State. It is not in dispute that the cause for the deliveries of building material in the years 1998 and
Case abstract
RUSSIAN FEDERATION: Award in Case No. 166/1995 of 12 March 1996 of the Arbitration Tribunal of Russian Federation Chamber of Commerce and Industry
Case law on UNCITRAL texts (CLOUT) abstract no. 461
Reproduced with permission of UNCITRAL
Abstract prepared by Alexander Komarov, National Correspondent
Under an agreement concluded in October 1993, a Russian company, the seller,
Ⅰ. Statement of facts
Ⅱ. RESPONDENT should be exempted
A. Specialty Devices is not considered as the “third person whom he has engaged to perform” under Art.79(2)
[ⅰ]Burden of proof
[ⅱ] Supplier is not the third person
[ⅲ]The cases that Art. 79(2) apply
B. Examination of each requirement specified under Art.79(1) - Relationship between Paras. 2) and 3) is “or”
C. What
There is evidence that this factory was not complete and that it presented defects including the cover and presence of dust, filthiness, inclusive humidity -- all of which can damage delicate impression mechanisms. And [Seller] made a gigantic effort to document the factory's condition, essentially bringing to this process probatory material that had already been entered in the records of a relat
of Commerce;ICC)가 제정한 Incoterms(International Rules for the Interpretation of Trade Terms; 정형거래조건의 해석에 관한 국제규칙) 등이 있다.
이렇게 제정된 국제규칙들 중에서 역사성 및 현실의 활용 면에서 당사자 간의 해석기준에 가장 많이 채용되는 대표적인 국제상거래규칙은 Incoterms이다. Incoterms는 각 국가별