Spain 17 February 1998 Supreme Court [3587/1996] (Epis-Centre v. La Palentina)
[Cite as: http://cisgw3.law.pace.edu/cases/980217s5.html]
DATE OF DECISIONS:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: 3587/1996
CASE NAME:
CASE HISTORY: 1st instance ICC arbitral award 6 April 1995 [exequator granted]
SELLER'S COUNTRY: France (plaintiff)
BUYER'S COUNTRY: Spain (defendant)
GOODS INVOLVED: Unavailable
SPAIN: Tribunal Supremo 17 February 1998 [3587/1996]
The plaintiff sought to have the Spanish Tribunal declare the recognition and enforcement
of the decision of the Arbitral Tribunal (Paris, International Chamber of Commerce). The
court decided favorably because of the evidence presented: a confirmation of sale from
the mediating society including an arbitration clause and a telefax sent by the defendant in
response to another telefax which included a copy of the aforementioned confirmation; in
this telefax the defendant stated that it agreed with all of the clauses (and wished to add
some others). One of the defendant's arguments was that a contract was not validly
concluded between the parties. The court applied the CISG to state that the contract
existed and was concluded by performing acts, according to Arts. 18(1) and 18(3) CISG.
APPLICATION OF CISG: Yes APPLICABLE CISG PROVISIONS AND ISSUES Key CISG provisions at issue: Classification of issues using UNCITRAL classification code
numbers:
18A [Acceptance (time and manner): criteria for acceptance];
19B [Acceptance with material modifications]
Descriptors: EDITOR: Patricia Rincón Martín
The court applied the CISG in order to reject the argument presented by the seller, the
defendant, which alleged the non-existence of a contract. The Tribunal held that whether
the telefax sent by the defendant was to be considered as an acceptance because it did not
substantially altered the offer (Arts. 19(2) and 19(3) CISG), or whether it was to be
considered as a counter-offer (Art. 19(1)), a contract was validly concluded since even in
the second situation, the contract "se perfeccionó por actos concluyentes o típicos de
ejecución realizados por la mercantil francesa (Art. 18.1 y 18.3). . . ."
CITATIONS TO OTHER ABSTRACTS OF DECISION (a) UNCITRAL abstract: Unavailable (b) Other abstracts English: Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=897&step=Abstract> Spanish: CISG-Spain & Latin America website "http://www.uc3m.es/cisg/respan9.htm" CITATIONS TO TEXT OF DECISION Original language (Spanish): CISG-Spain & Latin America website "http://www.uc3m.es/cisg/sespan9.htm" Base de Datos [Database] Aranzadi Jurisprudencia; Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=897&step=FullText> Translation: Unavailable CITATIONS TO COMMENTS ON DECISION Unavailable Case abstract
Classification of issues present
Editorial remarks
Citations to other abstracts, texts and commentaries
Pace Law School
Institute of International Commercial Law - Last updated November 6, 2003