- (2013) ShaoZhongFaMinSanRenZi No. 1
- Shaoguan Interm. People’s Court
- FLAME S.A. v. Shaoguan Jiameng Fuel Ltd.
SALES CONTRACT - BETWEEN A SWISS COMPANY AND A CHINESE COMPANY - CHOICE-OF-LAW CLAUSE IN FAVOUR OF THE UNIDROIT PRINCIPLES (2004 EDITION)
A Swiss company (Plaintiff) and a Chinese company (Respondent) entered into a coal sales contract and chose the UNIDROIT Principles (2004 edition) as applicable law. Both parties also agreed to submit disputes arising out of the contract to the Hong Kong International Arbitration Center (HKIAC) for arbitration. After the arbitral award was issued, Plaintiff applied to confirm the binding force of the award. Respondent replied with alleged procedural defects.
The court did not address the question of the validity of the choice-of-law clause in favour of the UNIDROIT Principles, nor it referred to them in the decision, but confirmed the validity of the arbitral award on procedural grounds.