SELECTED CASES BY TYPE OF CONTRACT INVOLVED
| KEYWORD | Count of Cases |
|---|---|
| ADMINISTRATIVE CONTRACTS | 14 |
| AGENCY CONTRACT | 9 |
| ARBITRATION AGREEMENT | 9 |
| ASSIGNMENT CONTRACT | 2 |
| BANK GUARANTEE | 3 |
| BARTER AGREEMENT | 2 |
| BUILD-OPERATE-TRANSFER (BOT) CONTRACT | 1 |
| BUSINESS PURCHASE AGREEMENT | 1 |
| CONCESSION CONTRACT | 7 |
| CONSORTIUM AGREEMENT | 2 |
| CONSTRUCTION AND MAINTENANCE CONTRACT | 1 |
| CONSTRUCTION AND MANAGEMENT CONTRACT | 1 |
| CONSTRUCTION CONTRACT | 34 |
| CONSULTING CONTRACT | 2 |
| CONTRACT FOR SUPPLY AND INSTALLATION | 2 |
| CONTRACT FOR SUPPLY, INSTALLATION AND MAINTENANCE | 1 |
| CONTRACT FOR TRANSFER OF FOOTBALL PLAYER | 1 |
| CONTRACT OF CARRIAGE OF GOODS | 3 |
| CONTRACT ON TECHNOLOGY EXCHANGE AND TECHNICAL COOPERATION | 1 |
| COOPERATION AGREEMENT | 3 |
| DEVELOPMENT AGREEMENT | 6 |
| DISTRIBUTION AGREEMENT | 21 |
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Arbitral Award ICC International Court of Arbitration 19627 00-00-0000 LONG-TERM CONTRACTS - EXCLUSIVE DISTRIBUTION AGREEMENT - INTERNATIONAL COMMERCIAL ARBITRATION – AWARD TO BE RENDERED IN ACCORDANCE WITH CONTRACTUAL PROVISIONS AND, IF NECESSARY, EX AEQUO ET BONO WRONGFUL TERMINATION OF CONTRACT - MANUFACTURER NOT ENTITLED TO VALIDLY TERMINATE THE CONTRACT IF IT HAD PREVIOUSLY AND REPEATEDLY AGREED TO WAIVE ITS RIGHT OF TERMINATION - REFERENCE TO ART. 1.8 UNIDROIT PRINCIPLES DELAYED PAYMENT - SUBSEQUENT SETTLEMENT AGREEMENT BETWEEN THE PARTIES - NO PARTICULAR FORM REQUIRED (ART. 1.2 UNIDROIT PRINCIPLES) RIGHT TO FULL COMPENSATION FOR WRONGFUL TERMINATION - INNOCENT PARTY ENTITLED TO DAMNUM EMERGENS AS WELL AS TO LUCRUM CESSANS (ARTICLE 7.4.1, 7.4.2 AND 7.4.3 UNIDROIT PRINCIPLES) IMPUTATION OF PAYMENTS - APPLICATION OF A GENERALLY ACCEPTED AND PRACTICED RULE IN ACCOUNTANCY ACCORDING TO WHICH PAYMENT IS IMPUTED TO THE OLDEST DEBT (ART. 6.1.12 UNIDROIT PRINCIPLES) | |
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Arbitral Award ICC International Court of Arbitration - Brussels 8240 00-07-1995 LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - PLURALITY OF PARTIES OF DIFFERENT NATIONALITIES (SWISS, SINGAPOREAN, BELGIAN) - GOVERNED BY DOMESTIC LAW (SWISS LAW) - REFERENCE BY ARBITRAL TRIBUNAL TO THE UNIDROIT PRINCIPLES FOR CONFIRMATION AT INTERNATIONAL LEVEL OF A SIMILAR RULE OF SWISS LAW PAYMENT IN LOCAL CURRENCY ART. 6.1.9(3) UNIDROIT PRINCIPLES TO DETERMINE EXCHANGE RATE | |
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Arbitral Award ICC International Court of Arbitration, Paris 8817 00-12-1997 LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN A SPANISH COMPANY AND A DUTCH COMPANY - SILENT AS TO APPLICABLE LAW - ICC RULES, ART. 13(3) - DECISION BY ARBITRAL TRIBUNAL TO APPLY "THE PROVISIONS OF [CISG] AND ITS GENERAL PRINCIPLES, NOW CONTAINED IN THE UNIDROIT PRINCIPLES" ESTABLISHED PRACTICE BETWEEN PARTIES - BINDING CHARACTER (ART. 1.8 UNIDROIT PRINCIPLES) (ART. 9 CISG) DAMAGES - DUTY TO MITIGATE HARM (ART. 77 CISG) (ART. 7.4.8 UNIDROIT PRINCIPLES) | |
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Arbitral Award ICC International Court of Arbitration, Paris 8223 00-04-1998 LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN A FRENCH MANUFACTURER AND A UNITED STATES COMPANY - GOVERNED BY DOMESTIC LAW (FRENCH LAW) - ARBITRAL TRIBUNAL'S REFERENCE TO ART. 2.19 [ART. 2.1.19 OF THE 2004 EDITION] UNIDROIT PRINCIPLES TO CONFIRM THAT PARTY'S SUBSEQUENT CONDUCT CAN TACITLY MODIFY A CLAUSE CONTAINED IN STANDARD TERMS | |
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Arbitral Award ICC International Court of Arbitration, Milano 8908 00-09-1998 LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN AN ITALIAN MANUFACTURER AND LIECHTENSTEIN DISTRIBUTOR - SETTLEMENT AGREEMENT BETWEEN PARTIES - GOVERNED BY DOMESTIC LAW (ITALIAN LAW)- APPLICATION BY ARBITRAL TRIBUNAL OF THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG) AND THE UNIDROIT PRINCIPLES BOTH DEFINED AS NORMATIVE TEXTS THAT CAN BE CONSIDERED HELPFUL IN THE INTERPRETATION OF ALL CONTRACTS OF AN INTERNATIONAL NATURE INTERPRETATION OF SETTLEMENT AGREEMENT - INTERPRETATION IN ACCORDANCE WITH GOOD FAITH (ARTS. 1337 AND 1362-1371 OF ITALIAN CIVIL CODE; ARTS. 1.7 AND 4.1 - 4.8 UNIDROIT PRINCIPLES) MODIFIED ACCEPTANCE - AMOUNTS TO COUNTER-OFFER - TACIT ACCEPTANCE OF COUNTER-OFFER BY ACT OF PERFORMANCE (ART. 1326(5) OF ITALIAN CIVIL CODE; ART. 19(1)(2) CISG AND ART. 2.11 [ART. 2.1.11 OF THE 2004 EDITION] UNIDROIT PRINCIPLES) INTEREST - APPLICABLE RATE - RATE GENERALLY APPLIED IN INTERNATIONAL TRADE FOR CONTRACTUAL CURRENCY | |
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Arbitral Award ICC International Court of Arbitration, Paris 9593 00-12-1998 LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - PLURALITY OF PARTIES OF DIFFERENT NATIONALITIES (ENGLISH, JAPANESE, IVORIAN) - PARTIES' CHOICE OF DOMESTIC LAW (IVORIAN LAW) AS LAW GOVERNING THE CONTRACT - ARBITRAL TRIBUNAL TO CONSIDER TRADE USAGES (ART. 13 (5) ICC RULES) - REFERENCE TO UNIDROIT PRINCIPLES PARTIES' DUTY TO COOPERATE IN PERFORMANCE OF CONTRACT (ARTS. 1134(3) AND 1135 IVORIAN CIVIL CODE; ART. 5.3 [ART. 5.1.3 OF THE 2004 EDITION] UNIDROIT PRINCIPLES) | |
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Arbitral Award ICC International Court of Arbitration 10422 00-00-2001 LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN A EUROPEAN COMPANY AND A LATIN AMERICAN COMPANY - CHOICE OF LAW CLAUSE INEFFECTIVE BUT INDICATING PARTIES' DESIRE FOR A NEUTRAL SOLUTION - APPLICATION BY ARBITRAL TRIBUNAL OF THE LEX MERCATORIA (ARTICLE 17.1 ICC RULES OF ARBITRATION) - REFERENCE TO UNIDROIT PRINCIPLES - LIMITS CONTRACT FORMATION - ACCEPTANCE CONTAINING MODIFIED TERMS - AMOUNTS TO ACCEPTANCE IF MODIFICATIONS ARE NOT MATERIAL (ARTICLE 2.11 [ART. 2.1.11 OF THE 2004 EDITION] UNIDROIT PRINCIPLES) CONTRACT FORMATION - CONCLUSION OF CONTRACT DEPENDENT ON AGREEMENT ON SPECIFIC MATTERS (ARTICLE 2.13 [ART. 2.1.13 OF THE 2004 EDITION] UNIDROIT PRINCIPLES) CONTRACT INTERPRETATION - TERMS TO BE GIVEN EFFECT (ARTICLE 4.5 UNIDROIT PRINCIPLES) TERMINATION OF CONTRACT - FUNDAMENTAL BREACH REQUIRED (ARTICLE 7.3.1(1) UNIDROIT PRINCIPLES) - NOTICE OF TERMINATION WITHOUT FUNDAMENTAL BREACH - TERMINATION NEVERTHELESS EFFECTIVE (ARTICLE 7.3.2 UNIDROIT PRINCIPLES) - NOTIFYING PARTY LIABLE FOR DAMAGES DAMAGES - LOSS OF PROFIT - CALCULATION (ARTICLE 7.4.2 UNIDROIT PRINCIPLES) DAMAGES - DISCRETIONARY ASSESSMENT BY COURT (ARTICLE 7.4.3(2) | |
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Arbitral Award Arbitral Tribunal of the City of Panama 24-02-2001 LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN A PANAMANIAN COMPANY AND A PUERTO RICAN COMPANY ARBITRAL TRIBUNAL OF THE CITY OF PANAMA – INTERNATIONAL COMMERCIAL ARBITRATION – UNLESS OTHERWISE AGREED BETEEN THE PARTIES, ARBITRAL TRIBUNAL BOUND TO ACT AS AMIABLE COMPOSITEURS AND “TO TAKE INTO ACCOUNT THE TRADE USAGES AND THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS” (ARTICLES 3 AND 27 OF THE 1999 DECREE NO. 5 ON ARBITRATION) DAMAGES FOR BREACH OF CONTRACT - LOSS OF PROFIT INCLUDED (ARTICLE 7.4.2 OF THE UNIDROIT PRINCIPLES) DAMAGES FOR BREACH OF CONTRACT - EXACT AMOUNT OF ACTUAL LOSS NOT DETERMINABLE - EQUITABLE DETERMINATION (ARTICLE 7.4.3 OF THE UNIDROIT PRINCIPLES) | |
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Arbitral Award ICC International Court of Arbitration 11051 00-07-2001 LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN AN ITALIAN MANUFACTURER AND TWO UNITED STATES COMPANIES - ITALIAN LAW AS THE LAW GOVERNING THE CONTRACT - ARBITRAL TRIBUNAL BASED ITS DECISION ON THE RELEVANT PROVISION OF THE ITALIAN CIVIL CODE ADDING THAT "SUCH SOLUTION IS CONSISTENT WITH THE RELEVANT CUSTOM OF INTERNATIONAL TRADE OF WHICH THE UNIDROIT PRINCIPLES ARE AN EXPRESSION" QUESTION AS TO TIME FROM WHEN INTEREST IS DUE - INTEREST DUE AS FROM TIME THE PAYMENTS ARE DUE (SEE ARTICLE 1282 OF THE ITALIAN CIVIL CODE AND ARTICLE 7.4.9 OF THE UNIDROIT PRINCIPLES) | |
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Arbitral Award ICC International Court of Arbitration 11849 00-00-2003 LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN AN ITALIAN MANUFACTURER AND A UNITED STATES DISTRIBUTOR - CISG IN PRINCIPLE NOT APPLICABLE - PARTIES CHOOSE CISG AS THE LAW GOVERNING THE AGREEMENT - INDICATION OF PARTIES' INTENTION TO EXCLUDE APPLICATION OF ANY DOMESTIC LAW AND TO SUBJECT THE AGREEMENT TO NEUTRAL AND A-NATIONAL RULES OF LAW AGREEMENT PROVIDING FOR PAYMENT BY MEANS OF LETTER OF CREDIT - DISTRIBUTOR'S REFUSAL TO OPEN LETTER OF CREDIT - AMOUNTS TO FAILURE BY DISTRIBUTOR TO PERFORM ITS OBLIGATION UNDER AGREEMENT - MANUFACTURER ENTITLED TO TERMINATE AGREEMENT EX ART. 64(1)(B) CISG AGREEEMENT PROVIDING FOR ANY ADDITION OR MODIFICATION TO BE MADE IN WRITING - ACCEPTANCE ON ONE OCCASION BY MANUFACTURER OF PAYMENT BY WIRE TRANSFER CONSIDERED NOT TO BE SUFFICIENT TO INDUCE DISTRIBUTOR REASONABLY TO BELIEVE THAT OPENING OF LETTER OF CREDIT NO LONGER REQUIRED - REFERENCE TO ART. 29(2) CISG AND TO ART. 2.18 UNIDROIT PRINCIPLES (1994) EXPRESSING A "GENERAL PRINCIPLE OF INTERNATIONAL TRADE" NOTICE OF TERMINATION - EFFECTIVE EVEN IF WRITTEN IN ITALIAN AND NOT IN ENGLISH AS REQUIRED BY AGREEMENT IF ADDRESSEE KNEW ITALIAN - REFERENCE TO ART. 27 CISG NOTICE OF TERMINATION GIVEN BY MANUFACTURER KNOWING THAT DISTRIBUTOR HAS PERFORMED ITS OBLIGATION WITHIN ADDITIONAL TIME GRANTED - NOT EFFECTIVE (ART. 64(2)(A) CISG) DAMAGES FOR WRONGFUL TERMINATION BY MANUFACTURER - LOSS OF PROFIT SUFFERED BY DISTRIBUTOR - TO BE COMPENSATED - REFERENCE TO ART. 74 CISG AND TO ART. 7.4.2 UNIDROIT PRINCIPLES STATING A "GENERALLY ACCEPTED PRINCIPLE OF LAW" INTEREST - APPLICABLE RATE - INTERNATIONAL ARBITRATOR ENTITLED TO DETERMINE MOST APPROPRIATE RATE WITHOUT RESORT TO CONFLICT OF LAWS RULES - LIBOR FOR CURRENCY OF PAYMENT PLUS SPREAD OF TWO POINTS - CORRESPOND TO GENERALLY ACCEPTED RATE APPLIED ON INTERNATIONAL FINANCIAL MARKETS | |
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Arbitral Award Ad hoc Arbitration (Place unknown) 04-03-2004 LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN A WESTERN EUROPEAN MANUFACTURER AND A CENTRAL EUROPEAN DISTRIBUTOR - FRENCH LAW GOVERNING THE CONTRACT – REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF SOLUTIONS ADOPTED UNDER FRENCH LAW GOOD FAITH PRINCIPLE ACCORDING TO ARTICLES 1134(3) AND 1135 OF FRENCH CIVIL CODE RELEVANT ALSO IN INTERNATIONAL TRADE – ARTICLE 1.7(1) OF UNIDROIT PRINCIPLES GOOD FAITH AND CONTRACT NEGOTIATION - PARTIES ENTERING INTO NEGOTIATIONS WITH A VIEW TO SETTLE DISPUTE BOUND TO ACT IN GOOD FAITH IN SEARCH OF AMICABLE SOLUTION – DUTY TO NEGOTIATE IN GOOD FAITH NOT BREACHED BY MERELY REFUSING TERMS OF SETTLEMENT PROPOSED BY OTHER PARTY GOOD FAITH AND CONTRACT PERFORMANCE – DISTRIBUTORSHIP AGREEMENT PROVIDING FOR YEARLY MINIMUM QUANTITIES OF GOODS TO BE PURCHASED BY DISTRIBUTOR – DISTRIBUTOR'S FAILURE TO MEET YEARLY QUOTA – MANUFACTURER’S CLAIM FOR BREACH OF CONTRACT CONTRARY TO GOOD FAITH WHERE DISTRIBUTOR PURCHASED A SUBSTANTIAL QUANTITY OF GOODS IN EXCESS OF YEARLY QUOTA AT THE END OF PREVIOUS YEAR AND ITS FAILURE TO PURCHASE GOODS THE FOLLOWING YEAR WAS DUE TO DISPUTE WITH MANUFACTURER CONTRACT PROHIBITING DISTRIBUTOR FROM SELLING SIMILAR PRODUCTS FROM OTHER SUPPLIERS – DISTRIBUTOR NEVERTHELESS SELLING COMPETING GOODS – MANUFACTURER AWARE OF IT BUT NOT OBJECTING PREVENTED FROM INVOKING YEARS LATER DISTRIBUTOR'S BREACH OF CONTRACT – PROHIBITION OF INCONSISTENT BEHAVIOUR A GENERALLY ACCEPTED PRINCIPLE IN INTERNATIONAL TRADE - ARTICLE 1.8 OF UNIDROIT PRINCIPLES 2004 | |
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Arbitral Award Centro de Arbitraje de México (CAM) 30-11-2006 LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN A MEXICAN GROWER AND A UNITED STATES DISTRIBUTOR PARTIES' CHOICE OF UNIDROIT PRINCIPLES AS LAW APPLICABLE TO SUBSTANCE OF DISPUTE – ADMISSIBLE WHEN LEX ARBITRI ALLOWS ARBITRAL TRIBUNAL TO DECIDE ACCORDING TO “RULES OF LAW” NO SPECIFICATION BY PARTIES AS TO WHAT EDITION OF THE UNIDROIT PRINCIPLES REFERENCE IS MADE – APPLICATION OF THE 2004 EDITION CONCLUSION OF CONTRACT - AGREEMENT SUFFICIENT – NO FURTHER REQUIREMENTS NEEDED (ART. 3.2 UNIDROIT PRINCIPLES) DEFINITION OF NON-PERFORMANCE – ANY FAILURE BY A PARTY TO PERFORM ANY OF ITS OBLIGATIONS UNDER THE CONTRACT AMOUNTS TO A NON-PERFORMANCE (ART. 7.1.1 UNIDROIT PRINCIPLES) . RIGHT TO TERMINATE CONTRACT - DEPENDENT ON FUNDAMENTAL NON- PERFORMANCE (ART. 7.3.1(1) UNIDROIT PRINCIPLES) CRITERIA FOR DETERMINING WHETHER NON-PERFORMANCE IS FUNDAMENTAL - NON-PERFORMANCE SUBSTANTIALLY DEPRIVING OTHER PARTY OF ITS EXPECTATIONS - INTENTIONAL NON-PERFORMANCE - SUFFICIENT REASON FOR NOT RELYING ON FUTURE PERFORMANCE (ART. 7.3.1(2) UNIDROIT PRINCIPLES) PARTY’S RIGHT TO TERMINATE CONTRACT EXERCISED BY GIVING NOTICE TO OTHER PARTY (ART. 7.3.2 UNIDROIT PRINCIPLES) NOTICE BY LETTER WITH RETURN RECEIPT APPROPRIATE AND EFFECTIVE (ART. 1.10 (1) (2) AND (3) UNIDROIT PRINCIPLES) FORCE MAJEURE – DESTRUCTION OF CROPS BY EXTRAORDINARILY HEAVY RAINSTORMS AND FLOODING – NOT AN EXEMPTING EVENT BECAUSE NOT UNFORESEEABLE BY GROWER WITH LONGSTANDING EXPERIENCE IN AGRICULTURE (ART. 7.1.7(1) UNIDROIT PRINCIPLES) FORCE MAJEURE - PARTY AFFECTED BOUND TO GIVE NOTICE TO OTHER PARTY OF IMPEDIMENT AND ITS EFFECT ON ABILITY TO PERFORM – FAILURE TO GIVE SUCH NOTICE - PARTY AFFECTED LIABLE FOR DAMAGES FOR NON-PERFORMANCE OF CONTRACT (ART. 7.1.7(3) UNIDROIT PRINCIPLES) HARDSHIP - DESTRUCTION OF CROPS BY EXTRAORDINARILY HEAVY RAINSTORMS AND FLOODING – NOT A CASE OF HARDSHIP BECAUSE GROWER TYPICALLY ASSUMES RISK OF OCCURRENCE OF SUCH METEOROLOGICAL EVENTS (ART. 6.2.2 LIT. D UNIDROIT PRINCIPLES) HARDSHIP - DOES NOT EXCLUDE DISADVANTAGED PARTY’S LIABILITY FOR NON-PERFORMANCE BUT ONLY ENTITLES TO REQUEST RENEGOTIATION OF CONTRACT (ART. 6.2.3 (1) UNIDROIT PRINCIPLES) DAMAGES – AGGRIEVED PARTY ENTITLED TO FULL COMPENSATION FOR HARM, INCLUDING NON-PECUNIARY HARM, SUFFERED AS RESULT OF OTHER PARTY’S NON-PERFORMANCE (ART. 7.4.2 (1) AND (2) UNIDROIT PRINCIPLES) DAMAGES – BURDEN OF PROOF - AGGRIEVED PARTY BOUND TO PROVE CERTAINTY AND FORESEABILITY OF HARM SUFFERED (ARTS. 7.4.3 (1) 7.4.4 UNIDROIT PRINCIPLES) AGREED PAYMENT FOR NON-PERFORMANCE (ART. 7.4.13 (1) UNIDROIT PRINCIPLES) – PRECISE AMOUNT TO BE PAID NOT DETERMINED BY PARTIES – DETERMINATION BY COURT ON DISCRETIONARY BASIS (ART. 7.4.3(3) UNIDROIT PRINCIPLES) | |
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Argentina Cámara Nacional de Apelaciones en lo Comercial 28-06-2013 LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN TWO ARGENTINIAN COMPANIES – GOVERNED BY ARGENTINIAN LAW STANDARD TERMS – REFERENCE TO ARTS. 2.1.19-2.1.22 UNIDROIT PRINCIPLES REFERENCE TO ART. 3.2.7 UNIDROIT PRINCIPLES – GROSS DISPARITY - SUPERIOR BARGAINING POSITION OF ONE OF THE PARTIES ALONE IS NOT SUFFICIENT | |
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Argentina Cámara Nacional de Apelaciones en lo Comercial 01-04-2014 LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN A CANADIAN CORPORATION AND AN ARGENTINIAN COMPANY - REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF SOLUTION ADOPTED UNDER THE APPLICABLE DOMESTIC LAW (ARGENTINIAN LAW) DISTRIBUTION CONTRACT WITH OMITTED TERMS - CONTRACT INTERPRETATION - ACCORDING TO COMMON INTENTION OF PARTIES, PURPOSE OF THE CONTRACT AND GOOD FAITH (ARTICLE 4.8 UNIDROIT PRINCIPLES) DISTRIBUTION CONTRACT - CONTRACT INTERPRETATION ACCORDING TO PARTIES' CONDUCT SUBSEQUENT TO CONCLUSION OF CONTRACT (ARTICLE 4.3 UNIDROIT PRINCIPLES) | |
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Australia Federal Court of Australia 30-10-2009 LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN TWO AUSTRALIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES AS MEANS OF INTERPRETING APPLICABLE DOMESTIC LAW (AUSTRALIAN LAW) RELATIONAL CONTRACTS - SUPERVENING LOSS OF MUTUAL TRUST AND CONFIDENCE - NO REMEDY UNDER AUSTRALIAN CONTRACT LAW PRE-CONTRACTUAL NEGOTIATIONS AND POST-CONTRACTUAL CONDUCT AS AID TO INTERPRETATION OF WRITTEN CONTRACT - WHETHER ADMISSIBLE UNDER AUSTRALIAN LAW - REFERENCE TO UNIDROIT PRINCIPLES (ARTICLE 4.3) DUTY TO USE BEST EFFORTS - DIFFERENT FROM DUTY TO ACHIEVE A SPECIFIC RESULT - REFERENCE TO ART. 5.1.4 UNIDROIT PRINCIPLES | |
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New Zealand Court of Appeal of New Zealand 03-10-2001 LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN A NEW ZEALAND MANUFACTURER AND AN ENGLISH DISTRIBUTOR - GOVERNED BY NEW ZEALAND LAW IMPLIED DUTY OF REASONABLENESS AND GOOD FAITH IN CONTRACT PERFORMANCE - RECOGNISED IN INTERNATIONAL TRADE LAW (ART. 1.7 UNIDROIT PRINCIPLES AND ART. 7(1) CISG - DISSENTING OPINION | |
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Paraguay Tribunal de Apelación en lo Civil y Comercial de Asunción 09-05-2016 LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN A PARAGUAYAN COMPANY AND A BRAZILIAN COMPANY – REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) DAMAGES AS REMEDY FOR BREACH OF CONTRACT – DUTY OF COOPERATION IN THE COURSE OF PERFORMANCE, ENCOMPASSED WITHIN THE GOOD FAITH PRINCIPLE – REFERENCE TO ART. 5.1.3 UNIDROIT PRINCIPLES PRINCIPLE OF WITHHOLDING PERFORMANCE – REFERENCE TO ART. 7.1.3 UNIDROIT PRINCIPLES. | |
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Paraguay Tribunal de Apelación en lo Civil y Comercial de Asunción, Tercera Sala 02-08-2017 DISTRIBUTION AGREEMENT - BETWEEN TWO PARAGUAYAN COMPANIES - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING OR SUPPLEMENTING APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) INTERPRETATION OF A PENALTY CLAUSE - REFERENCE TO ART. 4.1 UNIDROIT PRINCIPLES IN ORDER TO AFFIRM THAT, IF THE COMMON INTENTION OF THE PARTIES CANNOT BE ESTABLISHED, THE CONTRACT SHALL BE INTERPRETED ACCORDING TO THE MEANING THAT REASONABLE PERSONS OF THE SAME KIND AS THE PARTIES WOULD GIVE TO IT IN THE SAME CIRCUMSTANCES | |
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Singapore Supreme Court of Singapore 02-04-2020 LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN AN HONG KONG DISTRIBUTOR AND A SINGAPOREAN MANUFACTURER - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET OR SUPPLEMENT APPLICABLE DOMESTIC LAW ( SINGAPOREAN LAW) ASSIGNMENT OF RIGHTS - NOTICE TO THE OBLIGOR - MAY BE PROVIDED BY EITHER THE ASSIGNOR OR THE ASSIGNEE - OBLIGOR'S RIGHT TO REQUEST ADEQUATE PROOF OF ASSIGNMENT WHEN IT RECEIVES NOTICE FROM THE PURPORTED ASSIGNEE - REFERENCE TO ART. 9.1.12(1) UNIDROIT PRINCIPLES TOGETHER WITH PECL AND DCFR | |
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Spain Tribunal Supremo (Sala de lo Civil) 16-05-2007 LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN TWO SPANISH PARTIES REFERENCE TO UNIDROIT PRINCIPLES TO CONFIRM THAT THE SOLUTION PROVIDED BY APPLICABLE DOMESTIC LAW (SPANISH LAW) IS IN CONFORMITY WITH INTERNATIONAL STANDARDS DAMAGES - PRINCIPLE OF FULL COMPENSATION - AMOUNT OF LOSS INCLUDING FUTURE LOSS TO BE PROVED WITH A REASONABLE DEGREE OF CERTAINTY TAKING INTO ACCOUNT WITH RESPECT TO LOSS OF A CHANCE THE PROBABILITY OF OCCURRENCE (ARTICLE 7.4.3 UNIDROIT PRINCIPLES) | |
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Spain Tribunal Supremo 29-02-2012 LONG-TERM CONTRACTS - DISTRIBUTION AGREEMENT - BETWEEN A SPANISH RECORDING COMPANY AND A GROUP OF MUSICIANS - REFERENCE TO UNIDROIT PRINCIPLES TO CONFIRM THAT SOLUTION PROVIDED BY APPLICABLE DOMESTIC LAW (SPANISH LAW) IS IN CONFORMITY WITH INTERNATIONAL STANDARDS CONTRACT INTERPRETATION ACCORDING TO COMMON INTENTION OF THE PARTIES (ARTICLE 4.1 UNIDROIT PRINCIPLES) | |
| EASEMENT CONTRACT | 3 |
| EMPLOYMENT CONTRACT | 2 |
| EXPLORATION AND EXPLOITATION AGREEMENT | 3 |
| INSURANCE CONTRACT | 7 |
| INTER-FIRM AGREEMENT | 1 |
| JOINT-VENTURE AGREEMENT | 7 |
| LAND USE CONTRACT | 1 |
| LEASE CONTRACT | 20 |
| LICENSING AGREEMENT | 8 |
| LICENSING AND JOINT RESEARCH AGREEMENT | 1 |
| LICENSING AND SERVICE AGREEMENT | 1 |
| LOAN AGREEMENT | 11 |
| LONG-TERM CONTRACTS | 153 |
| MARKETING AGREEMENT | 1 |
| MEDIATION AGREEMENT | 1 |
| MEMORANDUM OF UNDERSTANDING | 7 |
| PRE-BID AGREEMENT | 1 |
| PRODUCTION SHARING AGREEMENT | 1 |
| PROJECT CONTRACT | 1 |
| SALES CONTRACT | 150 |
| SATELLITE CONTRACT | 3 |
| SERVICE CONTRACT | 44 |
| SETTLEMENT AGREEMENT | 10 |
| SHARE OPTION AGREEMENT | 1 |
| SHARE PURCHASE AGREEMENT | 17 |
| SHAREHOLDERS AGREEMENT | 3 |
| STATE CONTRACTS | 40 |
| SUPPLY CONTRACT | 50 |
| TRANSPORT CONTRACT | 4 |
| TRAVEL AGENCY CONTRACT | 1 |
SELECTED CASES BY NATIONALITY OF THE PARTIES
SELECTED CASES BY DOMESTIC LAW INVOLVED
BY INTERNATIONAL LAW INVOLVED
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Arbitral Award ICC International Court of Arbitration, Paris 7365/FMS 05-05-1997 STATE CONTRACTS - CONTRACT FOR THE SUPPLY AND INSTALLATION OF MILITARY EQUIPMENT - BETWEEN A UNITED STATES CORPORATION AND THE IRANIAN AIR FORCE - PARTIES' CHOICE OF DOMESTIC LAW (IRANIAN LAW) - AGREEMENT BY PARTIES AS TO COMPLEMENTARY AND SUPPLEMENTARY APPLICATION OF THE GENERAL PRINCIPLES OF INTERNATIONAL LAW AND TRADE USAGES - ARBITRAL TRIBUNAL REFERENCE TO UNIDROIT PRINCIPLES TO DETERMINE CONTENT OF SUCH GENERAL PRINCIPLES HARDSHIP - RIGHT TO DEMAND TERMINATION OR ADAPTATION OF CONTRACT (ART. 6.2.3(4) UNIDROIT PRINCIPLES) IMPLIED OBLIGATIONS - GOOD FAITH AND FAIR DEALING (ARTS. 5.1 AND 5.2 [ARTS. 5.1.1 AND 5.1.2 OF THE 2004 EDITION] UNIDROIT PRINCIPLES) TERMINATION - RIGHT TO RESTITUTION (ART. 7.3.6 UNIDROIT PRINCIPLES) INTEREST - RIGHT TO INTEREST INDEPENDENT OF A FORMAL REQUEST BY AGGRIEVED PARTY (ART. 7.4.9 UNIDROIT PRINCIPLES) - DOUBTFUL WHETHER THIS PROVISION CORRESPONDS TO GENERALLY ACCEPTED PRINCIPLES OF INTERNATIONAL LAW |
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Arbitral Award ICC International Court of Arbitration 12111 06-01-2003 SALES CONTRACT - BETWEEN A RUMANIAN COMPANY AND AN ENGLISH COMPANY - REFERRING TO "INTERNATIONAL LAW" AS THE LAW GOVERNING THE CONTRACT - TO BE UNDERSTOOD AS REFERENCE TO THE GENERAL PRINCIPLES OF LAW AND THE LEX MERCATORIA - APPLICATION OF THE UNIDROIT PRINCIPLES (PARAGRAPH 3 OF THE PREAMBLE OF THE UNIDROIT PRINCIPLES) PRINCIPLES OF EUROPEAN CONTRACT LAW - ACADEMIC EXERCISE PRELIMINARY TO A EUROPEAN CIVIL CODE - AS SUCH NOT YET APPLICABLE TO INTERNATIONAL COMMERCIAL CONTRACTS |
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Arbitral Award Arbitration Institute of the Stockholm Chamber of Commerce 29-03-2005 STATE CONTRACTS - LONG-TERM CONTRACTS - GAS SUPPLY CONTRACT - BETWEEN A GIBRALTAR COMPANY AND A KYRGYZ STATE OWNED COMPANY - UNIDROIT PRINCIPLES APPLIED AS A RULE OF INTERNATIONAL LAW BUYER'S FAILURE TO PAY THE PRICE DUE TO INSOLVENCY CAUSED BY INTERFERENCE BY ITS COUNTRY'S GOVERNMENT - GOVERNMENT LIABLE FOR DAMAGES VIS-A-VIS SELLER INTEREST - TO BE CALCULATED ON THE BASIS OF INTERNATIONAL RULES - APPLICATION OF ART. 7.4.9 UNIDROIT PRINCIPLES CONSIDERED BY ARBITRAL TRIBUNAL "TO BE AN APPROPRIATE BASIS FOR DETERMINING THE INTEREST" |
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Arbitral Award Ad hoc Arbitration, Brussels 19-08-2005 STATE CONTRACTS - SHARE PURCHASE AGREEMENT - BETWEEN A DUTCH COMPANY AND THE POLISH GOVERNMENT - TO BE DECIDED ON THE BASIS OF THE BILATERAL TREATY FOR THE PROTECTION OF INVESTMENTS AND "THE UNIVERSALLY ACKNOWLEDGED RULES AND PRINCIPLES OF INTERNATIONAL LAW" - REFERENCE TO THE UNIDROIT PRINCIPLES |
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Arbitral Award ICC International Court of Arbitration 14581 00-06-2007 STATE CONTRACTS - SUPPLY CONTRACT FOR LEASING EQUIPMENT AND LICENSING TECHNOLOGY - BETWEEN TWO MINISTRIES OF STATE X AND A COMPANY OF STATE Y - UNIDROIT PRINCIPLES AS AN "EXPRESSION OF INTERNATIONALLY RECOGNISED PRINCIPLES" ARBITRATION CLAUSE PROVIDING THAT DISPUTES TO BE DECIDED BY "THE INTERNATIONAL ARBITRATION COURT IN SWITZERLAND" AND "IN ACCORDANCE WITH INTERNATIONAL LAW" - INTERPRETATION OF AMBIGUOUS CLAUSE ACCORDING TO SWISS LAW AS LAW OF SEAT OF ARBITRATION AND ACCORDING TO UNIDROIT PRINCIPLES INVOKED BY PARTES AS "EXPRESSION OF INTERNATIONALLY RECOGNISED PRINCIPLES", TOGETHER WITH EUROPEAN PRINCIPLES OF CONTRACT LAW AND CISG - REFERENCE TO ARTICLE 4.2 UNIDROIT PRINCIPLES IN SUPPORT OF SIMILAR PROVISION IN SWISS LAW |
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Arbitral Award Eritrea Ethiopia Claims Commission 17-08-2009 ERITREA ETHIOPIA CLAIMS COMMISSION - DAMAGES CLAIMS - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE INTERNATIONAL LAW DETERMINATION OF COMPENSATION FOR UNCERTAIN LOSSES - ASSESSMENT AT DISCRETION OF ADJUDICATING BODY - REFERENCE TO ARTICLE 7.4.3(3) UNIDROIT PRINCIPLES |
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Arbitral Award Ad hoc Arbitration, The Hague 30-03-2010 STATE CONTRACTS - LONG-TERM CONTRACTS - EXPLORATION AND EXPLOITATION AGREEMENT - BETWEEN TWO UNITED STATES COMPANIES AND THE ECUADORIAN GOVERNMENT – REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW AS WELL AS ECUADORIAN LAW) LOSS OF A CHANCE – CRITERION FOR DETERMINING AMOUNT OF DAMAGES IN CASE OF BREACH OF THE BIT DUE TO DENIAL OF JUSTICE – REFERENCE BY ONE OF THE PARTIES TO ARTICLE 7.4.3(2) OF UNIDROIT PRINCIPLES – ACCORDING TO ARBITRAL TRIBUNAL ONLY ADMISSIBLE WHERE AMOUNT OF LOSS NOT DETERMINABLE – REFERENCE TO COMMENT 2 TO ARTICLE 7.4.3 OF UNIDROIT PRINCIPLES FORCE MAJEURE – HARDSHIP – DISTRIBUTION BETWEEN THE PARTIES IN A JUST AND EQUITABLE MANNER OF THE LOSSES AND GAINS RESULTING FROM UNFORESEEABLE EVENT – REFERENCE TO UNIDROIT PRINCIPLES (COMMENT ARTICLES 7.1.7 AND TO ARTICLES 6.2.2 – 6.2.3(2)) AND TO PRINCIPLES OF EUROPEAN CONTRACT LAW (ARTICLE 6:111(3)(B)) AS A MEANS TO INTERPRET ECUADORIAN LAW (ARTICLE 1563 ECUADORIAN CIVIL CODE) |
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Arbitral Award ICC International Court of Arbitration 17146 00-00-2013 INTERNATIONAL CONTRACT - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT APPLICABLE INTERNATIONAL LAW (TRANSNATIONAL RULES AND TRADE USAGES) ARBITRATION CLAUSE - INTERPRETATION - ACCORDING TO PRINCIPLE OF GOOD FAITH, OF EFFECTIVE INTERPRETATION AND OF CONTRA PROFERENTEM RULE - REFERENCE TO ART. 4.5 UNIDROIT PRINCIPLES |
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Arbitral Award Permanent Court of Arbitration 04-06-2014 DISPUTE BETWEEN AN AUSTRIAN COMPANY AND THE SLOVAKIAN GOVERNMENT - CONCERNING MEASURES ADOPTED BY THE LATTER NEGATIVELY AFFECTING FOREIGN INVESTMENTS IN THE HEALTH INSURANCE SECTOR - ALLEGED VIOLATION BY SLOVAKIA OF BILATERAL INVESTMENT TREATIES - REFERENCE TO UNIDROIT PRINCIPLES TO SUPPLEMENT APPLICABLE LAW (INTERNATIONAL LAW) JURISDICTION OF ARBITRAL TRIBUNAL CHALLENGED ON THE GROUND THAT CLAIMANT INITIATED COURT PROCEEDINGS IN THE SLOVAK REPUBLIC THAT WERE PREDICATED ON THE SAME FACTS AND LEGAL BASIS AND SOUGHT THE SAME RELIEF AS IN THE ARBITRAL PROCEEDING IMPLIED AGREEMENT BETWEEN THE PARTIES THAT THE CASE SHOULD BE RESOLVED IN THE NATIONAL COURTS, NOT IN THE ARBITRATION PROCEEDINGS – REFERENCE BY BOTH PARTIES TO UNIDROIT PRINCIPLES (ARTS. 1.2, 2.1.2, 2.1.11, 3.2.12, 4.1 AND 4.2) – ARBITRAL TRIBUNAL AGREES WITH CLAIMANT THAT NO SUCH AGREEMENT WAS CONCLUDED WAIVER OF THE RIGHT TO ARBITRATE – REFERENCE BY BOTH PARTIES TO UNIDROIT PRINCIPLES – ARBITRAL TRIBUNAL CONFIRMS THAT CLAIMANT HAS WAIVED ITS RIGHT TO ARBITRATE SINCE THE PROCEEDING BEFORE NATIONAL COURTS COULD NOT BE CONSIDERED ONLY AS A PRECAUTIONARY MEASURE |
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Arbitral Award International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 03-04-2018 SALES CONTRACT - BETWEEN A RUSSIAN BUYER AND A UKRAINIAN SELLER - CHOICE OF LAW CLAUSE REFERRING TO "INTERNATIONAL LAW" - ARBITRAL TRIBUNAL DECIDED TO APPLY CISG AND, FOR QUESTIONS NOT PROVIDED FOR IN THE CISG, THE UNIDROIT PRINCIPLES SINCE THE PARTIES EXPRESS THEIR INTENTION TO EXCLUDE THE APPLICATION OF ANY NATIONAL LAW RIGHT TO INTEREST - REFERENCE TO ART. 7.4.9 UNIDROIT PRINCIPLES IN ORDER TO DETERMINE THE INTEREST RATE |
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Arbitral Award Permanent Court of Arbitration 10-01-2019 STATE CONTRACTS - LONG-TERM CONTRACTS - CONCESSION CONTRACT - BETWEEN UNITED STATES INVESTORS AND THE CANADIAN GOVERNMENT – BREACH OF THE LATTER OBLIGATIONS UNDER THE NORTH AMERICA FREE TRADE AGREEMENT (NAFTA) - REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF GENERAL PRINCIPLE OF INTERNATIONAL LAW DAMAGES FOR LOSS OF A CHANCE - RIGHT TO COMPENSATION - REFERENCE TO ART. 7.4.3 UNIDROIT PRINCIPLES DAMAGES – COMPENSATION FOR FUTURE HARM DUE WHEN THERE IS A REASONABLE OPPORTUNITY FOR SUCCESS – REFERENCE TO ART. 7.4.3 UNIDROIT PRINCIPLES |
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International Centre for Settlement of Investment Disputes (ICSID) International Centre for Settlement of Investment Disputes (ICSID) 04-06-2004 STATE CONTRACTS - LONG-TERM CONTRACTS - BUILD-OPERATE-TRANSFER (BOT) CONTRACT FOR THE DEVELOPMENT OF ELECTRICITY PLANT IN TURKEY - BETWEEN A UNITED STATES-TURKISH CONSORTIUM AND THE TURKISH GOVERNMENT - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW) CONTRACT WITH ESSENTIAL TERMS DELIBERATELY LEFT OPEN AND TO BE AGREED UPON AT LATER DATE - CONTRACT VALID IF PARTIES INTENDED TO BE BOUND BY THE CONTRACT - REFERENCE BY CLAIMANT TO ART. 2.14 (NOW 2.1.14) OF THE UNIDROIT PRINCIPLES- ARBITRAL TRIBUNAL CONFIRMED |
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International Centre for Settlement of Investment Disputes (ICSID) International Centre for Settlement of Investment Disputes (ICSID) 19-01-2007 STATE CONTRACTS - LONG-TERM CONTRACTS - CONCESSION CONTRACT - BETWEEN A UNITED STATES-TURKISH CONSORTIUM AND THE TURKISH GOVERNMENT - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW) CONCESSION CONTRACT CONCLUDED WITH TERMS LEFT OPEN - ONE PARTY ARGUED THAT NEVERTHELESS CONTRACT HAD BEEN VALIDLY CONCLUDED INVOKING ARTICLE 2.1.14 UNIDROIT PRINCIPLES IN SUPPORT THEREOF - ARBITRAL TRIBUNAL BASICALLY CONFIRMS ONE PARTY ARGUED THAT DUTY TO NEGOTIATE IN GOOD FAITH DOES NOT ENTAIL OBLIGATION TO REACH AGREEMENT INVOKING ARTICLE 2.1.15 UNIDROIT PRINCIPLES - ARBITRAL TRIBUNAL BASICALLY CONFIRMS |
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International Centre for Settlement of Investment Disputes (ICSID) International Centre for Settlement of Investment Disputes (ICSID) 01-09-2009 APPLICATION FOR ANNULMENT OF AN ICSID AWARD RENDERED BETWEEN A UNITED STATES CORPORATION AND THE ARGENTINIAN GOVERNMENT - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW) DETERMINATION OF EXTENT OF HARM - DISCRETIONARY POWER OF COURTS WHERE AMOUNT CANNOT BE ESTABLISHED WITH SUFFICIENT DEGREE OF CERTAINTY - REFERENCE BY CLAIMANT TO ARTICLE 7.4.3 (3) UNIDROIT PRINCIPLES - STANDARD OF COMPENSATION CONFIRMED BY BOTH ARBITRAL TRIBUNAL AND AD HOC COMMITTEE |
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International Centre for Settlement of Investment Disputes (ICSID) International Centre for Settlement of Investment Disputes (ICSID) 14-01-2010 STATE CONTRACTS – SETTLEMENT AGREEMENT - BETWEEN A UNITED STATES NATIONAL AND THE UKRAINIAN GOVERNMENT - REFERRING TO ARTICLE 54 OF THE ICSID ADDITIONAL FACILITY ARBITRATION RULES RECORDED AS TO THE APPLICABLE LAW - APPLICATION BY ARBITRAL TRIBUNAL OF THE UNIDROIT PRINCIPLES AS "A PRIVATE CODIFICATION OF CIVIL LAW, APPROVED BY AN INTERGOVERNMENTAL INSTITUTION WHICH ARE NEITHER TREATY, NOR COMPILATION OF USAGES, NOR STANDARD TERMS OF CONTRACT BUT IN FACT ARE A MANIFESTATION OF TRANSNATIONAL LAW" - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW) CONTRACT INTERPRETATION - ACCORDING TO COMMON INTENTION OF PARTIES - RELEVANCE OF PRELIMINARY NEGOTIATIONS - REFERENCE TO ARTICLES 4.1 AND 4.3 UNIDROIT PRINCIPLES MERGER CLAUSE - REFERENCE TO ARTICLE 2.1.17 UNIDROIT PRINCIPLES INCONSISTENT BEHAVIOUR - REFERENCE TO ARTICLE 1.8 UNIDROIT PRINCIPLES DUTY TO USE BEST EFFORTS - REFERENCE TO ARTICLE 5.1.4 UNIDROIT PRINCIPLES |
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International Centre for Settlement of Investment Disputes (ICSID) International Centre for Settlement of Investment Disputes (ICSID) 03-03-2010 STATE CONTRACTS - LONG-TERM CONTRACTS - CONCESSION AGREEMENT -BETWEEN GREEK AND ISRAELI INVESTORS AND THE GEORGIAN GOVERNMENT - CONCERNING THE CONSTRUCTION AND OPERATION OF OIL PIPELINES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW) DISPUTE BETWEEN PARTIES AS TO SCOPE OF THE CONCESSION - WHETHER EXTRINSIC EVIDENCE ADMISSIBLE FOR THE PURPOSE OF CONSTRUING THE CONCESSION AGREEMENT - REFERENCE BY ONE OF THE PARTIES TO UNIDROIT PRINCIPLES IN SUPPORT OF ADMISSIBILITY - ARBITRAL TRIBUNAL, THOUGH WITHOUT EXPRESSLY REFERRING TO UNIDROIT PRINCIPLES, BASICALLY CONCURRED |
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International Centre for Settlement of Investment Disputes (ICSID) International Centre for Settlement of Investment Disputes (ICSID) 16-06-2010 STATE CONTRACTS - LONG-TERM CONTRACTS - CONCESSION CONTRACT - BETWEEN FRENCH AND ARGENTINIAN COMPANIES AND THE MEXICAN GOVERNMENT – BIT AND GENERAL INTERNATIONAL LAW APPLICABLE - REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF GENERAL PRINCIPLE OF INTERNATIONAL LAW DAMAGES – COMPENSATION DUE ONLY FOR HARM, INCLUDING FUTURE HARM, ESTABLISHED WITH REASONABLE DEGREE OF CERTAINTY – REFERENCE TO ART. 36 ILC DRAFT ARTICLES ON RESPONSIBILITY OF STATES FOR INTERNATIONALLY WRONGFUL ACTS OF 2001 AND TO ART. 7.4.3 UNIDROIT PRINCIPLES |
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International Centre for Settlement of Investment Disputes (ICSID) International Centre for Settlement of Investment Disputes (ICSID) 28-03-2011 STATE CONTRACTS – SETTLEMENT AGREEMENT - BETWEEN A UNITED STATES NATIONAL AND THE UKRAINIAN GOVERNMENT - ALLEGED BREACH OF SETTLEMENT AGREEMENT - APPLICATION BY ARBITRAL TRIBUNAL OF THE UNIDROIT PRINCIPLES AS "A PRIVATE CODIFICATION OF CIVIL LAW, APPROVED BY AN INTERGOVERNMENTAL INSTITUTION WHICH ARE NEITHER TREATY, NOR COMPILATION OF USAGES, NOR STANDARD TERMS OF CONTRACT BUT IN FACT ARE A MANIFESTATION OF TRANSNATIONAL LAW" - REFERENCE TO UNIDROIT PRINCIPLES TO SUPPLEMENT APPLICABLE LAW (INTERNATIONAL LAW) DAMAGES FOR LOST PROFITS - TO BE DISTINGUISHED FROM DAMAGES FOR SIMPLE LOSS OF A CHANCE - REFERENCE TO THE EXAMPLE IN COMMENT 2 TO ART. 7.4.3 UNIDROIT PRINCIPLES INCONSISTENT BEHAVIOUR - REFERENCE TO ARTICLE 1.8 UNIDROIT PRINCIPLES |
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International Centre for Settlement of Investment Disputes (ICSID) International Centre for Settlement of Investment Disputes (ICSID) 12-05-2011 DISPUTE BETWEEN A SWISS COMPANY AND THE GOVERNMENT OF THE CENTRAL AFRICAN REPUBLIC - CONCERNING MEASURES ADOPTED BY THE LATTER NEGATIVELY AFFECTING FOREIGN INVESTMENTS IN THE TOBACCO SECTOR - ICSID ARBITRATION CLAUSE CONTAINED IN A MEMORANDUM OF UNDERSTANDING (PROTOCOL OF AGREEMENT) CONCLUDED BETWEEN THE PARTIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW) JURISDICTION OF ICSID ARBITRAL TRIBUNAL CHALLENGED ON THE GROUND THAT AGREEMENT CONTAINING THE ARBITRATION CLAUSE WAS NULL AND VOID - LACK OF PRIOR APPROVAL BY THE MINISTRY OF FINANCE - RESPONDENT CANNOT INVOKE THE VIOLATION OF ITS LOCAL LAW TO CONSIDER ITS CONSENT TO ARBITRATION VITIATED OR NULL SEVERABILITY OF THE ARBITRATION CLAUSE - CLAIMANT INVOKING ART. 3.16 UNIDROIT PRINCIPLES ON PARTIAL AVOIDANCE [NOW ART. 3.2.13] - ARBITRAL TRIBUNAL CONCURS |
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International Centre for Settlement of Investment Disputes (ICSID) International Centre for Settlement of Investment Disputes (ICSID) 31-10-2011 DISPUTE BETWEEN A UNITED STATES INVESTOR AND THE ARGENTINIAN GOVERNMENT - CONCERNING ALLEGED VIOLATION BY THE LATTER OF BILATERAL INVESTMENT TREATY (BIT) - ARBITRAL TRIBUNAL DECIDED TO APPLY THE BIT AND "INTERNATIONAL LAW, WHEN APPLICABLE" - REFERENCE TO UNIDROIT PRINCIPLES "A SORT OF INTERNATIONAL RESTATEMENT OF THE LAW OF CONTRACTS REFLECTING RULES AND PRINCIPLES APPLIED BY THE MAJORITY OF NATIONAL LEGAL SYSTEMS". DEFENDANT INVOKING FORCE MAJEURE AS EXCUSE FOR VIOLATION OF BIT - OBJECTION REJECTED ON GROUND OF GENERAL PRINCIPLE OF "PRECLUSION OF WRONGFULNESS" - REFERENCE TO ARTICLES 6.2.2, 7.1.6 AND 7.1.7 UNIDROIT PRINCIPLES |
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International Centre for Settlement of Investment Disputes (ICSID) International Centre for Settlement of Investment Disputes (ICSID) 01-06-2012 DISPUTE BETWEEN A UNITED STATES COMPANY AND THE SALVADORAN GOVERNMENT OVER THE LATTER'S ARBITRARY REFUSAL TO GRANT THE FORMER A MINING EXPLOITATION CONCESSION - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW) JURISDICTION OF ICSID ARBITRAL TRIBUNAL CHALLENGED ON THE GROUND THAT DISPUTE HAD ARISEN WHEN CLAIMANT WAS NOT YET A UNITED STATES COMPANY BREACH OF AN OBLIGATION UNDER INVESTMENT TREATY BY OMISSION - EXPLICIT REFUSAL TO GRANT CONCESSION NOT NECESSARY - MERE FAILURE TO RESPOND TO APPLICATION SUFFICIENT - REFERENCE TO ARTICLE 7.1.1 UNDIROIT PRINCIPLES |
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International Centre for Settlement of Investment Disputes (ICSID) International Centre for Settlement of Investment Disputes (ICSID) 18-04-2017 STATE CONTRACTS – SHARE PURCHASE AGREEMENT - BETWEEN TWO ITALIAN NATIONALS AND THE ROMANIAN GOVERNMENT - ALLEGED VIOLATION BY THE LATTER OF BILATERAL INVESTMENT TREATY - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW) COMPENSATION FOR LOSS OF OPPORTUNITY - CAN BE AWARDED ON THE BASIS OF INTERNATIONAL LAW - REFERENCE TO ART. 7.4.3 UNIDROIT PRINCIPLES DETERMINATION OF EXTENT OF HARM - DISCRETIONARY POWER OF COURTS WHERE AMOUNT CANNOT BE ESTABLISHED WITH SUFFICIENT DEGREE OF CERTAINTY - IN CASE OF LOSS OF OPPORTUNITY MUST BE TAKEN IN CONSIDERATION THE PROBABILITY OF THE CHANCE COMING TO FRUITION - REFERENCE TO THE EXAMPLE IN COMMENT 2 TO ART. 7.4.3 UNIDROIT PRINCIPLES |
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International Centre for Settlement of Investment Disputes (ICSID) International Centre for Settlement of Investment Disputes (ICSID) 30-10-2017 STATE CONTRACTS – LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN TWO SWISS COMPANIES AND THE VENEZUELAN GOVERNMENT - ALLEGED VIOLATION BY THE LATTER OF BILATERAL INVESTMENT TREATY - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW) DETERMINATION OF EXTENT OF HARM - DISSENTING OPINION OF ONE OF THE ARBITRATORS - COMPENSATION ONLY FOR FORESEEABLE HARM - REFERENCE TO ART. 7.4.4 UNIDROIT PRINCIPLES AND ART. 74 CISG DETERMINATION OF EXTENT OF HARM - DISSENTING OPINION OF ONE OF THE ARBITRATORS - LOSS OF PROFITS CALCULATED AS THE DIFFERENCE BETWEEN THE CONTRACT PRICE AND THE PRICE PAID BY THE BUYER FOR REPLACEMENT GOODS OR THE DIFFERENCE BETWEEN THE CONTRACT PRICE AND THE MARKET PRICE AT THE TIME DELIVERIES SHOULD HAVE BEEN MADE IF REPLACEMENT GOODS ARE NOT PURCHASED - REFERENCE TO ARTS. 7.4.5-7.4.6 UNIDROIT PRINCIPLES AND ART. 75-76 CISG |
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Iranian-U.S. Arbitral Tribunal Iranian-U.S. Arbitral Tribunal (Full Tribunal) 02-07-2014 DISPUTE BETWEEN IRAN AND THE UNITED STATES OF AMERICA CONCERNING ALLEGED BREACH BY UNITED STATES OF ITS OBLIGATION UNDER ARTICLE VII, PARAGRAPH 2, OF THE 1981 CLAIMS SETTLEMENT DECLARATION ESTABLISHING THE IRAN-UNITED STATES CLAIMS TRIBUNAL – ACCORDING TO ARTICLE V OF THE 1981 CLAIMS SETTLEMENT DECLARATION TRIBUNAL BOUND TO “DECIDE ALL CASES ON THE BASIS OF RESPECT FOR LAW, APPLYING SUCH CHOICE OF LAW RULES AND PRINCIPLES OF COMMERCIAL AND INTERNATIONAL LAW AS THE TRIBUNAL DETERMINES TO BE APPLICABLE, TAKING INTO ACCOUNT RELEVANT USAGES OF TRADE, CONTRACT PROVISIONS AND CHANGED CIRCUMSTANCES” UNITED STATES ORDERED TO PAY IRAN DAMAGES PLUS INTEREST – INTEREST CALCULATED “AT AN ANNUAL RATE EQUAL TO THE AVERAGE PRIME BANK LENDING RATE IN THE UNITED STATES” – TRIBUNAL SO DECIDED “[…] ALSO MINDFUL OF ARTICLE 7.4.9 (2) OF THE UNIDROIT PRINCIPLES 2010” |
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Netherlands Gerechtshof Den Haag 11-09-2013 STATE CONTRACTS - SUPPLY CONTRACT - BETWEEN AN ENGLISH COMPANY AND AN IRANIAN GOVERNMENT AGENCY - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE LAW (INTERNATIONAL LAW) REQUEST FOR SETTING ASIDE OF ARBITRAL AWARDS APPLYING THE UNIDROIT PRINCIPLES AS RULES OF LAW GOVERNING THE SUBSTANCE OF THE DISPUTE - REQUEST REJECTED BY COURT (DUTCH COURT) APPLICATION BY ARBITRAL TRIBUNAL ON ITS OWN MOTION OF ARTICLE 7.4.3(3) UNIDROIT PRINCIPLES - OBJECTION THAT ARBITRAL TRIBUNAL HAD EXCEEDED ITS MANDATE - REJECTED LIMITATION PERIODS - A PARTY'S OBJECTION THAT OTHER PARTY'S CLAIMS WERE TIME-BARRED REJECTED BY ARBITRAL TRIBUNAL AS THE 1994 EDITION OF UNIDROIT PRINCIPLES DID NOT ADDRESS THE ISSUE LIMITATION PERIODS - ARGUMENT THAT THE ISSUE WAS ADDRESSED IN THE SUBSEQUENT 2004 EDITION OF UNIDROIT PRINCIPLES REJECTED - RETROACTIVE EFFECT OF SUBSEQUENT EDITIONS OF UNIDROIT PRINCIPLES DENIED |
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Venezuela Civil Chamber of the Venezuelan Supreme Court 02-12-2014 CONTRACT BETWEEN A VENEZUELAN COMPANY AND A DUTCH COMPANY - SILENT AS TO APPLICABLE LAW - CONTRACT GOVERNED BY THE LAW WITH WHICH IT IS MOST DIRECTLY CONNECTED - TO BE DETERMINED ON THE BASIS, AMONG OTHERS, OF GENERAL PRINCIPLES OF INTERNATIONAL COMMERCIAL LAW RECOGNIZED BY INTERNATIONAL ORGANIZATIONS (ART. 30 VENEZUELAN ACT ON PRIVATE INTERNATIONAL LAW) - UNIDROIT PRINCIPLES EXPRESSLY REFERRED TO AS AN EXAMPLE OF SUCH GENERAL PRINCIPLES |
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Venezuela Civil Chamber of the Venezuelan Supreme Court 17-03-2023 BILL OF EXCHANGE - SIGNED BY VENEZUELAN INDIVIDUALS IN CURAÇAO – APPLICABLE LAW IN THE ABSENCE OF A CHOICE OF THE PARTIES – REFERENCE TO LEX MERCATORIA CONTAINED IN THE NATIONAL PRIVATE INTERNATIONAL LAW - APPLICATION OF THE UNIDROIT PRINCIPLES AS AN EXPRESSION OF THE LEX MERCATORIA LAW APPLICABLE TO A BILL OF EXCHANGE - MONETARY OBLIGATION FOR WHICH THE PARTIES DID NOT CHOOSE THE APPLICABLE LAW - OBLIGATION SUBJECT TO THE LAW OF THE PLACE OF PERFORMANCE - OBLIGEE’S PLACE OF BUSINESS” AS THE PLACE OF PERFORMANCE (ART. 6.1.6[1][a] UNIDROIT PRINCIPLES). |