China 9 December 2005 Sichuan High People's Court [Appellate Court] (Global
Nutri Co. v. Sichuan Xinguang Industrial Import & Export Co. Ltd.)
[Cite as: http://cisgw3.law.pace.edu/cases/051209c1.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: Unavailable
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: People's Republic of China (plaintiff)
BUYER'S COUNTRY: United States (defendant))
GOODS INVOLVED: Milk thistle
APPLICATION OF CISG: No. Although this was a contract for the international sale of goods involving parties from different Contracting States, the Court applied Chinese domestic law on the ground that the parties had chosen "Chinese law." The court did not, however, discuss whether the parties had opted out of the CISG by their choice of "Chinese law."
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
6A ; 6B [Implied inclusion / exclusion of the Convention]
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 No. [HPC/30] <http://aff.whu.edu.cn/cisgchina/en/news_view.asp?newsid=133>
Translation (English): Unavailable
CITATIONS TO COMMENTS ON DECISION
Unavailable
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Institute of International Commercial Law - Last updated March 16, 2010