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| A dispute arose between a German seller and a Swiss buyer as to whether the seller's right to payment for the machinery delivered to the buyer was subject to set-off against the buyer's claim for consulting fees.
The Court held that as set-off is a matter excluded from CISG, the question had to be decided according to the applicable domestic law, that is Swiss law, and ruled that in the case at hand the conditions for a set-off were fulfilled. |