Netherlands 29 June 2000 District Court Alkmaar
[Cite as: http://cisgw3.law.pace.edu/cases/000629n1.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: Unavailable
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: [-]
BUYER'S COUNTRY: [-]
GOODS INVOLVED: [-]
APPLICATION OF CISG: No
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
6A [Choice of law (exclusion of Convention): choice of Dutch law held exclusion of Convention)]
Descriptors:
Excerpt from [2004] S.J. Kruisinga, (Non)-conformity in the 1980 Convention on Contracts for the International Sale of Goods: a uniform concept?, Intersentia at 9
"An example of a decision by a court in the Netherlands in which a choice of law clause implied an exclusion of the CISG can be found in [this] fairly recent decision by the Rechtbank Alkmaar … In this case the Rechtbank held, first of all, that any disputes, which had arisen between the contracting parties, had to be resolved by the application of the CISG, as far as they related to the contract of sale that had been concluded between them. However, the Rechtbank concluded that the contracting parties had explicitly chosen to apply Dutch law bearing in mind what had been stated on the invoices: 'Nur Niederländisches recht ist anwendbar' (only Dutch law is applicable). This led the Rechtbank to conclude that only Dutch national law was applicable to the sales contract. This conclusion is quite remarkable, since the choice of law clause does not make any reference to Dutch national law being applicable."
Go to Case Table of ContentsCITATIONS TO ABSTRACTS OF DECISION
(a) UNCITRAL abstract: Unavailable
(b) Other abstracts
Unavailable
CITATIONS TO TEXT OF DECISION
Original language (Dutch): (Dutch): Nederlands Internationaal Privaatrecht (2001), no. 115
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
Unavailable
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