This interim award on applicable law was rendered in the course of arbitral proceedings between a Swiss buyer and a US seller.
The Arbitral Tribunal held that CISG was applicable under its Art.1(1)(a). It held that CISG was applicable to all the matters included within its scope and that all the other matters which fell outside its ambit were governed by California law as the domestic law with which the putative contract had the closest connection. In particular, the Arbitral Tribunal stated that CISG applies not only to completed contracts but also to the question of whether or not a contract has been validly concluded (Part II of CISG, Arts. 14-24). |