- Arbitral Award
- ICC International Court of Arbitration 13919, Zurich
CONTRACT GOVERNED BY CISG - RELEVANCE OF TRADE USAGES ACCORDING TO ART. 17(2) ICC RULES OF ARBITRATION - UNIDROIT PRINCIPLES CONSIDERED TO BE "AN EXPRESSION OF A CONSOLIDATED SET OF USAGES AND PRINCIPLES FOLLOWED BY ACTORS OF INTERNATIONAL TRADE"
In this case, the seat of the arbitration was in Zurich and the CISG was designated as applicable by virtue of the application of Article 1(1)(a). Considering the relevance of trade usages, pursuant to Article 17(2) of the ICC Rules of Arbitration, the sole arbitrator held that the Unidroit Principles should be considered to be an expression of a consolidated set of usages and principles followed by actors of international trade.
(Award kindly reported by François Mansourati)
Excerpts published in JOLIVET (E.), MARCHISIO (G.), GÉLINAS (F.), «Trade Usages in ICC Arbitration», in Trade Usages and Implied Terms in the Age of Arbitration (dir. Fabien Gélinas), Oxford University Press, 2016, p. 223}}