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Date: 09.10.2006 Country: Arbitral Award Number: Court: ICC International Court of Arbitration Parties: Unknown

CONTRACT FOR SALE OF AN AIRCRAFT - SWISS LAW APPLICABLE - REFERENCE TO UNIDROIT PRINCIPLES TO CONFIRM SOLUTION ADOPTED UNDER SWISS LAW SELLER'S FAILURE TO PERFORM DUE TO BUYER'S BEHAVIOUR - BUYER MAY NOT RELY ON SELLER'S NON-PERFORMANCE (ARTICLE 7.1.2 UNIDROIT PRINCIPLES) SELLER'S IMPOSSIBILITY TO PERFORM DUE TO BUYER'S BEHAVIOUR - CONTRACT NOT NULLIFIED (COMMENT 3(A) TO ARTICLE 7.2.2 UNIDROIT PRINCIPLES