China 21 August 2002 Shanghai First Intermediate People’s Court [District Court] (Gammatex International S.r.l v. Shanghai Eastern Crocodile Apparels Co. Ltd.)
[Cite as: http://cisgw3.law.pace.edu/cases/020821c1.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: (2002) Hu Yi Zhong Min Wu (Shang) Chu Zi Di No. 32
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: Italy (plaintiff)
BUYER'S COUNTRY: People's Republic of China (defendant)
GOODS INVOLVED: Clothes
APPLICATION OF CISG: No, the CISG was not applied although the prerequisites of Article 1(1)(a) were satisfied and there was no evidence of intent of the parties to exclude the CISG.
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
6A1 [Implied exclusion or modifications]
Descriptors:
CITATIONS TO ABSTRACTS OF DECISION
(a) UNCITRAL abstract: Unavailable
(b) Other abstracts
Unavailable
CITATIONS TO TEXT OF DECISION
Original language (Chinese): Click here for Chinese text of case; see also CISG-China Case [IPC/15]: <http://aff.whu.edu.cn/cisgchina/en/news_view.asp?newsid=63>
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
Unavailable
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Institute of International Commercial Law - Last updated March 16, 2010