Bulgaria 12 June 2001 Arbitration Case 41/00 [translation available]
[Cite as: http://cisgw3.law.pace.edu/cases/010612bu.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: Unavailable
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: Germany
BUYER'S COUNTRY: Bulgaria
GOODS INVOLVED: Unknown
APPLICATION OF CISG: Yes [Article 1(1)(a)]
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
6B [Implied agreement to apply Convention: contract silent on governing law but between parties with places of business in two different Contracting States]
Descriptors:
CITATIONS TO ABSTRACTS OF DECISION
(a) UNCITRAL abstract: Unavailable
(b) Other abstracts
Unavailable
CITATIONS TO TEXT OF DECISION
Original language (Bulgarian): Praktika Bulgarska turgovsko-promishlena palata (BTPP) 2000-2001, No. 163 [313]
Translation (English): Text presented below
CITATIONS TO COMMENTS ON DECISION
Unavailable
Case text (English translation) [second draft]
Queen Mary Case Translation Programme
Arbitration Tribunal of Bulgarian Chamber of Commerce &
Industry
Case No. 41/00 of 12 June 2001
Translation by Bojidara Borisova [*]
SUMMARY
The Arbitrate Tribunal ruled that the contracting parties could exclude the application of the Convention or, subject to article 12, derogate from or vary the effect of any of its provisions.
CASE DECISION
The contracts do not include any stipulation as regards the applicable substantive law. Taking into consideration that the dispute concerns contracts for international sale of goods concluded between parties that have their place of business in two different countries (Germany and Bulgaria), which are also Contracting States to the CISG and on the basis of Article 36, subsection 2, last sentence, of the Statute of the Arbitral Tribunal (SAT) applicable to the Bulgarian Chamber of Commerce and Industry (BCCI), the Arbitral Tribunal accepts that the applicable law is the CISG (Bulgaria ratified and published the CISG in Gazette nm.36/1992 year). The parties did not explicitly exclude in their contract the application of the CISG, in accordance with the possibility provided in Article 6 of the CISG.
FOOTNOTE
* Bojidara Borisova is a candidate for the degree of Ph.D. in Law at Sofia University "ST.Kl.Oxridski", Bulgaria.
All translations should be verified by cross-checking against the original text.
Go to Case Table of Contents
Pace Law School
Institute of International Commercial Law - Last updated July 14, 2003