CISG CASE PRESENTATION

China 28 January 2011 Shandong High People’s Court [Appellate Court] (Conveyor belts case)
[Cite as: http://cisgw3.law.pace.edu/cases/110128c1.html]

Case Table of Contents

• Case identification
• Classification of issues present
• Editorial remarks
• Citations to case abstracts, texts, and commentaries
• Case texts
  -  Chinese text
  -  English translation (in process)

• Guide to links contained in case presentations

Case identification

DATE OF DECISION: 20110128 (28 January 2011)

JURISDICTION: People's Republic of China

TRIBUNAL: Shandong High People's Court [Appellate Court]

JUDGE(S): Unavailable

CASE NUMBER/DOCKET NUMBER: (2010) Lu Min Si Zhong Zi No. 150

CASE NAME: Cobra Europe v. Galaxy Depp

CASE HISTORY: 1st instance Qingdao Intermediate People's Court 2010 (affirmed)

SELLER'S COUNTRY: China (1st instance: Plaintiff; 2nd instance: Appellee)

BUYER'S COUNTRY: France (1st instance: Defendant; 2nd instance: Appellant)

GOODS INVOLVED: Conveyor Belts

Classification of issues present

APPLICATION OF CISG: Yes

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Articles 59 ; 74 ; 78

Classification of issues using UNCITRAL classification code numbers:

59A [Payment due at time fixed or determinable by contract or Convention];

74A [Loss suffered as consequence of breach];

74A1 [Includes loss of profit];

Descriptors: Application of convention; Currency issues; Damages; Exchange rates; Interest

Editorial remarks

• In the present case, the court ruled that attorneys' fees are recoverable as damages under Art. 74 CISG.

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): CISG-China database <http://aff.whu.edu.cn/cisgchina/en/news_view.asp?newsid=145>

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable