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 Article #  

  (1) This Convention applies to contracts of sale of goods between parties whose places of business are in different States:

(a) when the States are Contracting States; or

(b) when the rules of private international law lead to the application of the law of a Contracting State.

(2) The fact that the parties have their places of business in different States is to be disregarded whenever this fact does not appear either from the contract or from any dealings between, or from information disclosed by, the parties at any time before or at the conclusion of the contract.

(3) Neither the nationality of the parties nor the civil or commercial character of the parties of the contract is to be taken into consideration in determining the application of this Convention.


Issues       
# Cases
 1 Material scope of application
2
  1.1 Contract of sale of goods
20
   1.1.1 Civil or commercial character of the contract not relevant
   1.1.2 Contracts for the sale of software
5
   1.1.3 Contracts similar to contract of sale
1
    1.1.3.1 Distributorship agreements
27
    1.1.3.2 Other cases (barter, counter-trade, works contracts, etc.)
11
  1.2 Parties with places of business in different States
33
   1.2.1 Concept of place of business
3
   1.2.2 Concept of different States
3
    1.2.2.1 Undisclosed foreign principal
 2 Territorial scope of application
3
  2.1 Parties situated in Contracting States
292
  2.2 Application of law of Contracting State based on rules of private international law
Country # Cases  
Arbitral Award 13  
Date Court
00.00.1992 ICC Court of Arbitration - Paris
00.00.1993 ICC Court of Arbitration - Paris
05.10.1995 Belarusian Chamber of Commerce and Industry International Court of Arbitration
00.09.1996 ICC Court of Arbitration
23.01.1997 ICC Court of Arbitration - Paris
00.09.1997 ICC Court of Arbitration
00.03.1999 ICC Court of Arbitration
00.08.1999 ICC Court of Arbitration
06.06.2000 Tribunal of International Commercial Arbitration at the Russian Federation Chamber of Commerce
00.00.2002 ICC Court of Arbitration - Paris
06.06.2003 International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation
21.10.2005 CIETAC China International Economic and Trade Arbitration Commission
15.07.2008 Foreign Trade Court of Arbitration attached to the Serbian Chamber of Commerce
Argentina 3  
Austria 3  
Belgium 15  
Canada 1  
France 11  
Germany 25  
Italy 5  
Netherlands 16  
Russian Federation 1  
Spain 4  
Switzerland 5  
USA 2  
Belarus 1  
Croatia 1  
106
   2.2.1 Application of Convention based on choice of parties
15
   2.2.2 Choice of the law of Contracting State as governing law of contract
65
 3 Convention as 'lex mercatoria'
12
Total: 537


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