- Arbitral Award
- Ad hoc Arbitration, New York
SALES CONTRACT - BETWEEN THE UNITED NATIONS ORGANIZATION AND A EUROPEAN COMPANY - IN THE CONTEXT OF A PEACE-KEEPING MISSION IN AFRICA - CONTRACT SILENT AS TO APPLICABLE LAW - PARTIES AGREED ON APPLICATION OF CISG AND UNIDROIT PRINCIPLES
With respect to a contract between the United Nations Organisation and a European company for the supply of goods in connection with a peace-keeping mission in Africa, a dispute arose which the parties submitted to an ad hoc arbitration in New York subject to the UNCITRAL Rules of Arbitration. The contract did not contain any choice of law clause. In its Statement of claim, Claimant argued on the basis of the United States Uniform Commercial Code, but in the course of the proceedings the parties, on the suggestion of the arbitral tribunal which pointed out that there was no reason why the Uniform Commercial Code had to apply in the case at hand, agreed to the application of CISG and the UNIDROIT Principles as the law governing the merits of the case. Ultimately the parties however reached a settlement.