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Date: 00.00.2001
Country: Arbitral Award
Number: 117/1999
Court: Arbitration Institute of the Stockholm Chamber of Commerce
Parties: Unknown
Citation: http://www.unilex.info/case.cfm?id=793
CONTRACT BETWEEN EUROPEAN AND CHINESE COMPANIES SILENT AS TO APPLICABLE LAW - INTERPRETED BY ARBITRAL TRIBUNAL AS INTENTION OF PARTIES TO EXCLUDE APPLICATION OF ANY DOMESTIC LAW - APPLICATION OF UNIDROIT PRINCIPLES AS "RULES OF LAW CONSIDERED TO BE MOST APPROPRIATE" IN CASE AT HAND (SEE ARTILCLE 24(1) STOCKHOLM ARBITRATION RULES)- SUBSIDIARY APPLICATION OF SWEDISH LAW AS NEUTRAL LAW

UNIDROIT PRINCIPLES DEFINED AS RULES "WHICH HAVE WIDE RECOGNITION AND SET OUT PRINCIPLES THAT OFFERS A PROTECTION FOR CONTRACTING PARTIES THAT ADEQUATELY REFLECTS THE BASIC PRINCIPLES OF COMMERCIAL RELATIONS IN MOST IF NOT ALL DEVELOPED COUNTRIES"