Keywords Abstract FullText Sources Print Close

Abstract

Date: 00.12.1997 Country: Arbitral Award Number: 8817 Court: ICC Court of Arbitration - Paris Parties: Unknown

The award concerned an agreement for the exclusive distribution and sale of food products between a Spanish and a Danish company. The contract did not contain a choice of law clause. A dispute arose between the parties. The Arbitral Tribunal, pursuant to Article 13 (3) of the ICC Rules of Conciliation and Arbitration, decided to apply the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods and its general principles, now contained in the UNIDROIT Principles of International Commercial Contracts, [as] perfectly suited to resolving the dispute. [...] The Arbitral Tribunal referred to Art. 9(1) CISG, confirmed by Art. 1.8 of the UNIDROIT Principles, relating to the binding character of the parties' established practices, and to Art. 77 CISG, confirmed by Art. 7.4.8 of the UNIDROIT Principles, embodying the principles under which a party suffering harm must take steps to mitigate it.