China 3 January 1999 Guangdong High People’s Court [Appellate Court] (Frozen sea trout case)
[Cite as: http://cisgw3.law.pace.edu/cases/990103c1.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: Unavailable
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: People’s Republic of China [Mainland China] (plaintiff)
BUYER'S COUNTRY: Hong Kong (defendant)
GOODS INVOLVED: Frozen whole round sea trout
APPLICATION OF CISG: No. The contract provided that the Chinese law is applicable on condition that either the place of conclusion of the contract or where the goods are located when the dispute arises is within China, or that the Defendant is a legal person of China, and that the CISG is otherwise applicable. The Court found that the parties concluded their contract in Shenzhen, China, and that the goods were in Huangpu Port, Guangzhou, China. The Court held that the law applicable to the dispute is therefore Chinese domestic law rather than the CISG.
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
Descriptors:
CITATIONS TO ABSTRACTS OF DECISION
(a) UNCITRAL abstract: Unavailable
(b) Other abstracts
Unavailable
CITATIONS TO TEXT OF DECISION
Original language (Chinese): Click here for Chinese text of case; see also CISG-China No. [BPC/25] <http://aff.whu.edu.cn/cisgchina/en/news_view.asp?newsid=115>
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
Unavailable
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