CISG CASE PRESENTATION

Serbia 31 May 2010 Foreign Trade Court attached to the Serbian Chamber of Commerce (Mobile Shear Baler case)
[Cite as: http://cisgw3.law.pace.edu/cases/100531sb.html]

Case Table of Contents

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

• Guide to links contained in case presentations

Case identification

DATE OF DECISION: 20100531 (31 May 2010)

JURISDICTION: Arbitration ; Serbia

TRIBUNAL: Foreign Trade Court of Arbitration attached to the Serbian Chamber of Commerce

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: T-10/09

CASE NAME: Unavailable

CASE HISTORY: Unavailable

SELLER'S COUNTRY: Serbia (claimant)

BUYER'S COUNTRY: Romania (respondent)

GOODS INVOLVED: Mobile Shear Baler

Classification of issues present

APPLICATION OF CISG: Yes [Article 1]

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 7 ; 9 ; 25 ; 26 ; 49 ; 81 ; 84 [Also cited: Articles 4 ; 29 ; 78 ]

Classification of issues using UNCITRAL classification code numbers:

4B ; 4B1 [Issues excluded - Validity under domestic law];

7A33 [Applications of good faith standards];

7B ; 7B1 [Materials for interpretation - International case law];

9B [Implied agreement on international usage – with respect to interest rate];

25A ; 25A1 [Effect of a fundamental breach - Avoidance of contract];

26A ; 26A1 [Effective declaration of avoidance; Notice to the other party required -26 notice of avoidance can be derived from the wording of the statement of claim];

81C [Restitution by each party of benefits received (art. 81(2)];

84A [Seller bound to refund price must pay interest]

Descriptors: Good Faith ; Avoidance ; Restitution of benefits received ; Interest

Editorial remarks

"In the Mobile Sheer Baler case, the tribunal found that the seller’s failure to deliver the agreed machine to the buyer, while at the same time continuously promising the buyer that the delivery will occur and requesting further extensions of the time for delivery, constituted behavior contrary to the principle of good faith, since it was obvious from the seller’s behavior that it never had true and honest intentions to perform its part of the bargain."

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 (Serbian): Click here for Serbian text of case

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable