CISG CASE PRESENTATION

China 20 June 2003 Second Intermediate People's Court of Shanghai [District Court] (Dong Feng Trade Co. Ltd. v. Hangzhou Dongli Rubber & Plastomer Co. Ltd.)
[Cite as: http://cisgw3.law.pace.edu/cases/030620c1.html]

Case Table of Contents

• Case identification
• Classification of issues present
• Editorial remarks
• Citations to case abstracts, texts, and commentaries
• Chinese text of case

• Guide to links contained in case presentations

Case identification

DATE OF DECISION: 20030620 (20 June 2003)

JURISDICTION: People's Republic of China

TRIBUNAL: Second Intermediate People's Court of Shanghai [District Court]

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: Unavailable

CASE NAME: Dong Feng Trade Co. Ltd. v. Hangzhou Dongli Rubber & Plastomer Co. Ltd.

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Republic of Korea (plaintiff)

BUYER'S COUNTRY: People's Republic of China (defendant)

GOODS INVOLVED: Raw materials for shoes

Classification of issues present

APPLICATION OF CISG: No

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 1(1)(b)

Classification of issues using UNCITRAL classification code numbers:

1B2 [Private international law points to Contracting State, but reservation under art. 95 to exclude art. 1(1)(b)]

Descriptors: Declaration, Art. 95 ; Application of Convention

Editorial remarks

EDITOR: Jing Li

This Court finds that the Public of Korea is not a Contracting State of the United Nations Convention of the Contracts for International Sale of Goods (1980) (hereinafter, the "CISG"). Therefore, the CISG does not apply to the present dispute. Article 145(2) of the General Principles of the Civil Law of the People's Republic of China provides that "[i]f the parties to a contract involving foreign interests have not made a choice, the law of the country to which the contract is most closely connected shall be applied." The parties in this case failed to select the applicable law to the contract. Therefore, this Court shall determine the applicable law according to the doctrine of the closest connection. The price terms under the contract are CFR Shanghai. Additionally, the [Buyer] accepted the goods in Shanghai, the port of destination, i.e., the place of performance was in China. Consequently, this Court finds that the applicable law to the present dispute is Chinese law.

Citations to case abstracts, texts, and commentaries

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 No. [IPC/37] at <http://aff.whu.edu.cn/cisgchina/en/news_view.asp?newsid=124>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable