Iran / U.S. Claims Tribunal 28 July 1989 (Watkins - Johnson v. Islamic Republic of Iran)
[Cite as: http://cisgw3.law.pace.edu/cases/890728i2.html]
Primary source(s) for case presentation: Text of case
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: 370 (429-370-1)
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: U.S.A. (claimant)
BUYER'S COUNTRY: Iran (defendant)
GOODS INVOLVED: Electronic communications equipment
APPLICATION OF CISG: No
APPLICABLE CISG PROVISIONS AND ISSUES:
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code
numbers:
88A1 ; 88A3 ; 88C [Preservation of the goods: party obliged to preserve
goods may sell them when
other party unreasonably delays; Reasonable notice of intention; Right
to retain reasonable expenses
from proceeds of sale]
Descriptors:
EDITOR: Albert H. Kritzer
CISG issues ruled upon:
Preservation of the goods, sale of goods/Mitigation of damages. The case involved a reduction in monetary
relief sought by seller as a result of seller's sale of goods not paid for
by the buyer. The relief sought was
thereby reduced to proceeds of the sale, less completion and
modification expense, less selling cost. After
ruling on this matter under the applicable law (which was not the
CISG), the tribunal stated:
"Moreover [seller's] right to sell undelivered equipment in mitigation
of its damages is consistent with
recognized international law of commercial contracts. The conditions of
Article 88 of the [CISG] are all
satisfied in this case: there was unreasonable delay by the buyer in paying
the price and the seller gave
reasonable notice of its intention to sell."
(a) UNCITRAL abstract: Unavailable
(b) Other abstracts
English: Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=38&step=Abstract>
Italian: Diritto del Commercio Internazionale (1994) 846 No. 23
CITATIONS TO TEXT OF DECISION
Original language (English): IRAN-U.S.C.T.R. 22 (1990) 218-338 [244 para. 95]; Yearbook of Commercial Arbitration XV (1990) 220-232 [226 para 95]; Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=38&step=FullText>
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
English: Ferrari, International Legal Forum (4/1998) 138-255 [180 n.353 (criticism of application of CISG to contract concluded before CISG came into effect)]; Honnold, Uniform Law for International Sales (1999) 528 [Art. 88]; Winship in: Contemporary International Law Issues: Opportunities at a Time of Momentous Change (1994) 122 [12]; Petrochilos, Arbitration Conflict of Laws Rules and the CISG (1999) n.115; [2005] Schlechtriem & Schwenzer ed., Commentary on UN Convention on International Sale of Goods, 2d (English) ed., Oxford University Press, Art. 77 para. 1Classification of issues present
Editorial remarks
Citations to case abstracts, texts, and commentaries
CITATIONS TO ABSTRACTS OF DECISION
German: Schlechtriem, Internationales UN-Kaufrecht (1996) 192-193 n.333
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