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Cases on the CISG by courts and arbitral tribunals
of the People's Republic of China
[*]

Article 10. Place of Business

TEXT OF ARTICLE 10

For the purposes of this Convention:

(a) if a party has more than one place of business, the place of business is that which has the closest relationship to the contract and its performance, having regard to the circumstances known to or contemplated by the parties at any time before or at the conclusion of the contract;

(b) if a party does not have a place of business, reference is to be made to his habitual residence.


CODED OUTLINE OF ISSUES

Reproduced with permission of UNCITRAL

["Place of Business" appears in arts. 1, 12, 20(2), 24, 31(c), 42(1)(b), 57(1)(a), 69(2), 96]

10A Which of multiple places of business is relevant (art. 10(a))

10A1 Closest relationship to contract and performance

10A2 Knowledge by parties before or at conclusion of contract

10B No place of business: habitual residence (art. 10(b))


DESCRIPTORS

Business, place of


CODED PRC CASE ANNOTATIONS

No China cases cited.


FOOTNOTE

* A global jurisconsultorium is the proper setting for analysis of uniform law jurisprudence. The volume of uniform law case law from China is large in comparison to the volume of uniform law case law from other countries. China is thus one of the most prominent contributors to world understanding of uniform law. To view the case law of China in the context of China's contribution to the global jurisconsultorium, go to 2,000 cases 7,500 case annotations. This will enable you to set PRC cases on this provision of the CISG alongside cases from courts and arbitral tribunals of sister signatories and other jurisdictions - helpful precedents all. 2,000 cases 7,500 case annotations also accompanies this jurisprudence with a global UNCITRAL digest of cases on this provision of the CISG and contains other relevant case annotations.


Pace Law School Institute of International Commercial Law - Last updated April 6, 2007
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