Germany 6 May 1998 Appellate Court Hamm (Machine case)
[Cite as: http://cisgw3.law.pace.edu/cases/980506g1.html]
DATE OF DECISIONS:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: 11 U 180/97
CASE NAME:
CASE HISTORY: 1st instance LG Siegen 2 September 1997 [reversed and remanded]
SELLER'S COUNTRY: Italy [plaintiff]
BUYER'S COUNTRY: Germany [defendant]
GOODS INVOLVED: Machine
GERMANY: Oberlandesgericht Hamm 6 May 1998 Case law on UNCITRAL texts (CLOUT) abstract no. 278 Reproduced with permission from UNCITRAL During litigation concerning claims arising from an international
contract of sale, the parties agreed to exclude application of the
CISG. The court held that parties to an international contract of sale
may exclude application of the CISG by agreement and that such an
agreement may be reached after conclusion of the contract, for
example, during litigation. It also said that the CISG is clearly
excluded when the parties agree on the law of a non-Contracting
State (article 6 CISG). APPLICATION OF CISG: No [Article 6] APPLICABLE CISG PROVISIONS AND ISSUES Key CISG provisions at issue: Classification of issues using UNCITRAL classification code
numbers:
6A [Exclusion of Convention: agreement on law of Contracting State
after conclusion of contract (during litigation)] Descriptors:
CITATIONS TO OTHER ABSTRACTS OF DECISION
Unavailable CITATIONS TO TEXT OF DECISION Original language (German): [1999] Neue Juristische Wochenschrift-Rechtsprechungsreport (NJW-RR) 364-365; [1999] Transportrecht-Internationales Handelsrecht 40 Translation: Unavailable CITATIONS TO COMMENTS ON DECISION English: [2004] S.A. Kruisinga, (Non-)conformity in the 1980 UN Convention on Contracts for the International Sale of Goods: a uniform concept?, Intersentia at 8Case abstract
Classification of issues present
Editorial remarks
Citations to other abstracts, case texts and commentaries
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Institute of International Commercial Law - Last updated November 9, 2004