- Binh Duong Province People Court
BUYER'S OBLIGATION TO PAY THE PRICE (ART. 53 CISG)
RIGHT TO INTEREST - INTEREST RATE - CALCULATED IN ACCORDANCE WITH OTHERWISE APPLICABLE LAW (ART. 78 CISG)
A Chinese seller and a Vietnamese buyer concluded a contract for the sale of pesticides. The seller
delivered the goods but the buyer did not pay the price. Failing any attempt to solve the dispute amicably, the seller brought a suit against the buyer before a Vietnamese Court.
First of all, the Court established that it had jurisdiction over the case. In reaching such a conclusion, the
Court found that the arbitration clause in the contract was ineffective, as the arbitral institution
indicated therein did not exist.
Further, the Court observed that the contract was governed by CISG, as both parties had their places
of business in Contracting States (Art. 1(1)(a)).
As to the merits, the Court found that the seller had comply with its obligation to deliver the goods
under the contract, while the buyer had not pay for the price.
Consequently, the Court condemned the buyer to pay for the price (Arts. 30 and 53 CISG) plus
interest (Art. 78 CISG), calculated in accordance with domestic law (Vietnamese law).
Original in Vietnamese and English Translation:
- available at www.cisg-online.org}}