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 |
| 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 |
|
Arbitral Award ICC International Court of Arbitration 25-04-1996 CATERING SERVICE CONTRACT - BETWEEN A FRENCH COMPANY AND A FRENCH-KAZAKH COMPANY - FRENCH LAW APPLICABLE NOTICE OF CANCELLATION OF CONTRACT - FRENCH LAW UNCLEAR AS TO WHETHER DISPATCH OR RECEIPT PRINCIPLE APPLICABLE - REFERENCE TO USAGES OF INTERNATIONAL TRADE (ART. 13(5) ICC RULES OF ARBITRATION) ACCORDING TO WHICH RECEIPT PRINCIPLE APPLIES - REFERENCE TO UNIDROIT PRINCIPLES | |
|
Arbitral Award ICC International Court of Arbitration, Zürich 8769 00-12-1996 SERVICE CONTRACT - BETWEEN A FRENCH COMPANY AND AN AUSTRIAN COMPANY - PARTIES' CHOICE OF DOMESTIC LAW (FRENCH LAW) TOGETHER WITH THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (CISG) AS LAW GOVERNING THEIR CONTRACT INTEREST RATE NOT DETERMINED BY CISG (ART. 78 CISG) - REFERENCE BY ARBITRAL TRIBUNAL TO ART. 7.4.9(2) OF THE UNIDROIT PRINCIPLES IN SUPPORT OF APPLICATION OF COMMERCIALLY REASONABLE RATE | |
|
Arbitral Award ICC International Court of Arbitration, Paris 8874 00-12-1996 SERVICE CONTRACT - BETWEEN A UNITED KINGDOM COMPANY AND A BELORUSSIAN COMPANY ARBITRAL TRIBUNAL AUTHORIZED BY PARTIES TO ACT AS AMIABLE COMPOSITEUR INTEREST RATE - REFERENCE TO UNIDROIT PRINCIPLES WITHOUT FURTHER EXPLANATION | |
|
Arbitral Award Arbitral Court of the Economic Chamber and the Agrarian Chamber of the Czech Republic 17-12-1996 SERVICE CONTRACT FOR THE REPAIR OF TWO VESSELS - BETWEEN A POLISH COMPANY AND A RUSSIAN COMPANY - PARTIES' CHOICE OF DOMESTIC LAW (POLISH LAW) - ARBITRAL TRIBUNAL REFERENCE WITHOUT FURTHER EXPLANATION TO THE UNIDROIT PRINCIPLES TO CONFIRM THE SOLUTION REACHED UNDER APPLICABLE DOMESTIC LAW DELEGATION OF PAYMENT - DOES NOT AMOUNT TO SUBSTITUTION OF DEBTOR - ORIGINAL DEBTOR DISCHARGED ONLY WHEN PAYMENT IS MADE (ART. 921(5) POLISH CIVIL CODE) (ART. 6.1.7(2) UNIDROIT PRINCIPLES) | |
|
Arbitral Award Ad hoc Arbitration, New York 00-12-1997 SERVICE CONTRACT - BETWEEN AN INTERNATIONAL ORGANIZATION AND A COMPANY SITUATED IN AN AFRICAN STATE “GENERAL PRINCIPLES OF INTERNATIONAL CONTRACT LAW” AS THE RULES OF LAW APPLICABLE TO SUBSTANCE OF DISPUTE – REFERENCE TO UNIDROIT PRINCIPLES | |
|
Arbitral Award ICC International Court of Arbitration, Geneva 9333 00-10-1998 SERVICE CONTRACT - BETWEEN A MOROCCAN PARTY AND A FRENCH PARTY - PARTIES' CHOICE OF DOMESTIC LAW (SWISS LAW) AS LAW GOVERNING THE CONTRACT - REFERENCE BY ARBITRAL TRIBUNAL TO CISG AND UNIDROIT PRINCIPLES AS USAGES OF INTERNATIONAL TRADE INTEREST (ART. 7.4.9 UNIDROIT PRINCIPLES) (ART. 78 CISG) (ART. 104 SWISS CODE OF OBLIGATIONS) | |
|
Arbitral Award ICC International Court of Arbitration (Paris) 9474 00-02-1999 STATE CONTRACTS - SERVICE CONTRACT - ARBITRAL TRIBUNAL REQUESTED TO APPLY “GENERAL STANDARDS AND RULES OF INTERNATIONAL CONTRACTS” – REFERENCE TO CISG “WHICH EMBODIES UNIVERSAL PRINCIPLES APPLICABLE IN INTERNATIONAL CONTRACTS” AND TO THE UNIDROIT PRINCIPLES AND TO THE PRINCIPLES OF EUROPEAN CONTRACT LAW AS “RECENT DOCUMENTS THAT EXPRESS THE GENERAL STANDARDS AND RULES OF COMMERCIAL LAW”. AVOIDANCE OF CONTRACT FOR FRAUDULENT NON-DISCLOSURE OF CIRCUMSTANCES (SEE ARTICLES 3.5 AND 3.8 OF THE UNIDROIT PRINCIPLES; ARTICLE 4.107 OF THE PRINCIPLES OF EUROPEAN CONTRACT LAW). TERMINATION OF CONTRACT FOR NON-PERFORMANCE – NOTICE TO BE GIVEN WITHIN A REASONABLE TIME (SEE ARTICLE 7.3.2 OF THE UNIDROIT PRINCIPLES). | |
|
Arbitral Award ICC International Court of Arbitration 9753 00-05-1999 STATE CONTRACTS - LONG-TERM CONTRACTS - SERVICE CONTRACT - BETWEEN A UNITED KINGDOM COMPANY AND A CZECH STATE ENTITY - GOVERNED BY CZECH LAW – REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF SOLUTION FOUND IN DOMESTIC LAW. AGREEMENT TO COOPERATE WITH A VIEW TO REALISING A PROJECT – BINDING NATURE OF SUCH AGREEMENT (SEE ARTICLES 1.3 AND 1.7 OF THE UNIDROIT PRINCIPLES). | |
|
Arbitral Award ICC International Court of Arbitration 10114 00-03-2000 LONG-TERM CONTRACTS - SERVICE CONTRACT - BETWEEN A CHINESE COMPANY AND AN EASTERN EUROPEAN CAR MANUFACTURER APPLICATION OF THE UNIDROIT PRINCIPLES AS EXPRESSION OF “INTERNATIONAL PRACTICES” | |
|
Arbitral Award Ad hoc arbitration 04-12-2001 LONG-TERM CONTRACTS - SERVICE CONTRACT - BETWEEN AN ITALIAN COMPANY AND THE FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS (FAO) - CONTRACT REFERRING TO “GENERAL PRINCIPLES OF LAW, TO THE EXCLUSION OF ANY SINGLE NATIONAL SYSTEM OF LAW” AS APPLICABLE LAW – ARBITRAL TRIBUNAL DECIDED TO APPLY UNIDROIT PRINCIPLES AND TO RESORT, IN CASE OF LACUNAE, TO ITALIAN LAW PROVIDED THAT IT IS NOT INCOMPATIBLE WITH THE FORMER TERMINATION OF CONTRACT FOR BREACH OF THE “FUNDAMENTAL REQUIREMENTS OF GOOD FAITH, TRUST AND FAIR DEALING WHICH ARE AT THE VERY HEART OF ANY BUSINESS RELATIONSHIP” - NO PROVISION TO THIS EFFECT IN THE UNIDROIT PRINCIPLES (1994 EDITION) – RECOURSE TO ARTICLE 1671 ITALIAN CIVIL CODE ON TERMINATION FOR CONVENIENCE OF WORKS CONTRACTS BY EMPLOYER | |
|
Arbitral Award ICC International Court of Arbitration, Montevideo 11317 00-01-2002 LONG-TERM CONTRACTS - SERVICE CONTRACT - BETWEEN A SPANISH COMPANY AND A BRAZILIAN COMPANY - REFERENCE BY ARBITRAL TRIBUNAL TO UNIDROIT PRINCIPLES TO CONFIRM THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (SPANISH LAW) CHOICE OF LAW CLAUSE IN FAVOUR OF SPANISH LAW - BRAZILIAN PARTY INVOKING THE APPLICATION OF BRAZILIAN LAW ACCORDING TO ART. 9(2) OF THE INTRODUCTORY LAW TO BRAZILIAN CIVIL CODE (PRINCIPLE OF LOCUS REGIT ACTUS) - ARBITRAL TRIBUNAL CONFIRMS THE VALIDITY OF THE APPLICABLE LAW CHOICE ON THE BASIS OF BOTH SPANISH AND BRAZILIAN LAW - REFERENCE TO ARTS. 1.4 AND 1.7 UNIDROIT PRINCIPLES IN ORDER TO CONFIRM THE DECISION | |
|
Arbitral Award International Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation 05-11-2002 SERVICE CONTRACT - BETWEEN A RUSSIAN COMPANY AND A GERMAN COMPANY - CONTRACT PROVIDING FOR APPLICATION OF BOTH GERMAN LAW AND RUSSIAN LAW AND OF THE “GENERAL PRINCIPLES OF THE LEX MERCATORIA“ – APPLICATION OF THE UNIDROIT PRINCIPLES. INTERPRETATION OF CONTRACT – NATURE OF THE CONTRACT AND INTENTION OF THE PARTIES (ARTICLES 4.1 AND 4.3 OF THE UNIDROIT PRINCIPLES). INTEREST PAYABLE ON AMOUNT DUE – MONETARY CLAIM IN EURO – APPLICATION OF THE INTEREST RATE APPLIED BY RUSSIAN BANKS FOR LOANS STIPULATED IN EURO (ARTICLE 7.4.9 OF THE UNIDROIT PRINCIPLES). | |
|
Arbitral Award Arbitration Centre of the Costa Rican Chamber of Commerce 01-06-2003 SERVICE CONTRACT - BETWEEN A COSTA RICAN COMPANY AND A COSTA RICAN ACCOUNTING FIRM - GOVERNED BY COSTA RICAN LAW - REFERENCE BY ARBITRAL TRIBUNAL TO THE UNIDROIT PRINCIPLES "NOT AS A SOURCE OF LAW AGREED UPON OR INVOKED BY THE PARTIES, BUT INSTEAD FOR THEIR DOCTRINAL VALUE" PERFORMANCE OF CONTRACT - PARTIES' DUTY TO ACT IN ACCORDANCE WITH GOOD FAITH (ART. 1.7 UNIDROIT PRINCIPLES) | |
|
Arbitral Award ICC International Court of Arbitration 15089 15-09-2008 HIGH-TECHNOLOGY SERVICE CONTRACT - BETWEEN TWO MIDDLE-EASTERN PARTIES - CONTRACT SILENT AS TO THE APPLICABLE LAW ARBITRAL TRIBUNAL, HAVING FOUND THAT THERE WAS A ‘NEGATIVE CHOICE’ AS REGARDS THE PARTIES' RESPECTIVE DOMESTIC LAWS AND NO CLEARLY IDENTIFIABLE ‘OBJECTIVE’ CONNECTING FACTOR IN FAVOUR OF ANY PARTICULAR DOMESTIC LAW, DECIDED TO APPLY THE UNIDROIT PRINCIPLES IN ACCORDANCE WITH ARTICLE 17 ICC ARBITRATION RULES - UNIDROIT PRINCIPLES DEFINED AS AN INTERNATIONAL RE-STATEMENT (OR PRE-STATEMENT) OF MODERN CONTRACT LAW IN ITS MOST AUTHORITATIVE FORM, WELL-KNOWN IN INTERNATIONAL ARBITRATION PRACTICE AND ENDORSED BY THE UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW (UNCITRAL) | |
|
Arbitral Award ICC International Court of Arbitration ICC-FA-2020-004 00-00-2011 SERVICE CONTRACT - BETWEEN AN ASIAN PARTY AND A NORTH AMERICAN PARTY - PARTIES' CHOICE OF ENGLISH LAW AND UNIDROIT PRINCIPLES AS THE LAW APPLICABLE TO THE CONTRACT IMPLIED OBLIGATIONS - ARISING UNDER THE APPLICABLE LAW (UNIDROIT PRINCIPLES 2004) - OBLIGATION OF REASONABLE CARE AND SKILL AND OBLIGATION TO SUPPLY GOODS OF SATISFACTORY QUALITY AND FIT FOR PARTICULAR PURPOSE KNOWN BY BOTH PARTIES - ALL ARISING FROM ART. 5.1.2 UNIDROIT PRINCIPLES IMPLIED OBLIGATIONS - STEMMING FROM THE NATURE AND PURPOSE OF THE CONTRACT, GOOD FAITH AND FAIR DEALINGS AND REASONABLENESS (ART. 5.1.2 letters a) c) d) UNIDROIT PRINCIPLES) | |
|
Arbitral Award ICC International Court of Arbitration, Paris 15949 00-05-2012 LONG-TERM CONTRACTS - SERVICE CONTRACT - BETWEEN A NORTH AFRICAN COMPANY AND EASTERN EUROPEAN COMPANY - UNIDROIT PRINCIPLES AS MEANS TO INTERPRET AND SUPPLEMENT APPLICABLE DOMESTIC LAW (FRENCH LAW) HOTEL MANAGEMENT CONTRACT - TERRORIST ATTACKS IN NEW YORK, DJERBA AND MARRAKECH AMOUNT TO FORCE MAJEURE EVENTS - RESPONDENT ALLOWED TO SUSPEND PAYMENT OF MINIMAL GUARANTEE PROVIDED IN THE CONTRACT - REFERENCE TO ART. 7.1.7 UNIDROIT PRINCIPLES EFFECTS OF FORCE MAJEURE - WHEN THE IMPEDIMENT IS ONLY TEMPORARY, THE EXCUSE FOR NON_PERFORMANCE HAS EFFECT ONLY FOR A REASONABLE PERIOD OF TIME HAVING REGARD TO CONSEQUENCES OF THE IMPEDIMENT ON CONTRACT PERFORMANCE - REFERENCE TO ART. 7.1.7 UNIDROIT PRINCIPLES AND ITS COMMENT | |
|
Arbitral Award International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 25-01-2013 TELECOMMUNICATION SERVICE CONTRACT - BETWEEN A RUSSIAN COMPANY AND AN ENGLISH COMPANY - CONTRACT SILENT AS TO APPLICABLE LAW - ARBITRAL TRIBUNAL APPLIED GERMAN LAW TOGETHER WITH THE UNIDROIT PRINCIPLES INCONSISTENT BEHAVIOUR - REFERENCE TO ARTICLE 1.8 UNIDROIT PRINCIPLES | |
|
Arbitral Award ICC International Court of Arbitration 20757 12-05-2017 LONG-TERM CONTRACTS - CONCESSION CONTRACT FOR THE USE OF TELECOMMUNICATION INFRASTRUCTURES - RELATED MAINTENANCE SERVICE CONTRACT -BETWEEN TWO ITALIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES IN ORDER TO SUPPLEMENT APPLICABLE DOMESTIC LAW (ITALIAN LAW) DUTY TO RENEGOTIATE - APPLICATION OF THE GENERAL PRINCIPLE OF GOOD FAITH AND FAIR DEALING IN CONTRACT PERFORMANCE - NOT UNANIMOUSLY RECOGNIZED BY ITALIAN LEGAL WRITERS AND CASE LAW - REFERENCE, AMONG OTHERS, TO ARTS. 6.2.3 (1) UNIDROIT PRINCIPLES AND 6:111 PECL IN SUPPORT OF THE SOLUTION ADOPTED BY THE ARBITRAL TRIBUNAL REQUEST FO RENEGOTIATIONS - MUST BE ADEQUATELY MOTIVATED AND DOES NOT IN ITSELF ENTITLE THE DISADVANTAGED PARTY TO WITHHOLD ITS PERFORMANCE - REFERENCE TO ART. 6.2.3 (2) AND (3) | |
|
Argentina Court of Appeal of Buenos Aires 13-03-2009 BROADCASTING SERVICE CONTRACT - BETWEEN TWO ARGENTINIAN COMPANIES UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING APPLICABLE DOMESTIC LAW (ARGENTINIAN LAW) STANDARD TERMS BETWEEN BUSINESS PERSONS - TO BE INTERPRETED BASICALLY IN THE SAME WAY AS INDIVIDUALLY NEGOTIATED TERMS AND UNENFORCEABLE ONLY IN EXCEPTIONAL CIRCUMSTANCE - REFERENCE TO ARTICLES 2.1.20, 2.1.21 AND 2.1.22 UNIDROIT PRINCIPLES | |
|
Argentina Court of Appeal of Buenos Aires 13-03-2009 BROADCASTING SERVICE CONTRACT - BETWEEN TWO ARGENTINIAN COMPANIES UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING APPLICABL DOMESTIC LAW (ARGENTINIAN LAW) STANDARD TERMS BETWEEN BUSINESS PERSONS - TO BE INTERPRETED BASICALLY IN THE SAME WAY AS INDIVIDUALLY NEGOTIATED TERMS AND UNENFORCEABLE ONLY IN EXCEPTIONAL CIRCUMSTANCE - REFERENCE TO ARTICLES 2.1.20, 2.1.21 AND 2.1.22 UNIDROIT PRINCIPLES | |
|
China Nanjing Gulou District People’s Court 00-00-2007 SERVICE CONTRACT - BETWEEN A CHINESE INDIVIDUAL AND A CHINESE COMPANY - GOVERNED BY CHINESE LAW "COMMENTS" BY A CHINESE JUDGE ON COURT DECISIONS - NOT LEGALLY BINDING – APPLICATION OF THE MITIGATION PRINCIPLE - REFERENCE TO ARTICLE 7.4.8 IN UNIDROIT PRINCIPLES 1994. | |
|
China Beijing Haidian District People’s Court; First Intermediate People's Court of Beijin 00-00-2008 SERVICE CONTRACT - BETWEEN A CHINESE INDIVIDUAL AND A CHINESE HOTEL COMPANY - GOVERNED BY CHINESE LAW "COMMENTS" BY A CHINESE JUDGE ON COURT DECISION - NOT LEGALLY BINDING – WHETHER THERE WAS ANTICIPATORY BREACH OF CONTRACT - REFERENCE TO ARTICLES ON ANTICIPATORY BREACH OF CONTRACT IN UNIDROIT PRINCIPLES 2004 | |
|
China Chongqing Fuling District People’s Court 00-00-2009 SERVICE CONTRACT - BETWEEN CHINESE INDIVIDUALS - GOVERNED BY CHINESE LAW "COMMENTS" BY A CHINESE JUDGE ON COURT DECISIONS - NOT LEGALLY BINDING – COMPENSATION FOR MORAL DAMAGES AS A RESULT OF BREACH OF CONTRACT - REFERENCE TO ARTICLE 7.4.2 IN UNIDROIT PRINCIPLES 1994. | |
|
Costa Rica Sala Primera de la Corte Suprema de Justicia, San José 23-03-2006 ADMINISTRATIVE CONTRACTS - SERVICE CONTRACT - BETWEEN A COSTA RICAN COMPANY AND THE COSTA RICAN AVIATION AUTHORITY - COSTA RICAN LAW APPLICABLE - REFERENCE BY ARBITRAL TRIBUNAL TO UNIDROIT PRINCIPLES - NO VIOLATION OF "ORDRE PUBLIC" OF COSTA RICA HARDSHIP - NO RIGHT TO WITHHOLD PERFORMANCE BY AGGRIEVED PARTY - ARTICLE 6.2.3 (A) UNIDROIT PRINCIPLES | |
|
France Cour d'appel de Paris (1er Ch.C.) 05-03-1998 LONG-TERM CONTRACTS - CATERING SERVICE CONTRACT - BETWEEN A FRENCH COMPANY AND A FRENCH-KAZAKH COMPANY - GOVERNED BY FRANCE LAW REFERENCE BY ARBITRAL TRIBUNAL TO THE UNIDROIT PRINCIPLES AS A "CODIFICATION" OF INTERNATIONAL TRADE USAGES - WITHOUT EXPRESS AUTHORIZATION BY PARTIES - REFERENCE DOES NOT EXCEED TERMS OF SUBMISSION IF OF NO DIRECT IMPACT ON THE MERITS OF THE DECISION | |
|
Italy Tribunale di Brescia 27-06-2016 SERVICE CONTRACT - BETWEEN AN ITALIAN COMPANY AND AN ENGLISH COMPANY - DIFFERENT LANGUAGE VERSIONS DIFFERENT FORUM SELECTION CLAUSE IN THE TWO VERSIONS - APPLICATION OF ARTICLE 23(C) OF EC REGULATION N. 44/2001 AND ARTICLE 4.7 UNIDROIT PRINCIPLES - EXCLUDED BECAUSE THE TWO VERSIONS WERE NOT DIFFERENT TRANSLATIONS OF A COMMON ORIGINAL TEXT BUT WERE STIPULATED ONE AFTER THE OTHER AND THEREFORE THE SUBSEQUENT VERSION PREVAILS AS THE EXPRESSION OF THE NEW INTENTION OF THE PARTIES | |
|
Italy Tribunale di Bergamo 15-09-2017 SERVICE CONTRACT FOR COLLECTION OF LOCAL TAXES - BETWEEN AN ITALIAN MUNICIPALITY AND AN ITALIAN COMPANY - REFERENCE TO UNIDROIT PRINCIPLES AND PRINCIPLES OF EUROPEAN CONTRACT LAW TO INTERPRET AND SUPPLEMENT APPLICABLE DOMESTIC LA (ITALIAN LAW) CHANGE OF COLLECTING METHOD INTRODUCED BY LAW - COLLECTING METHOD PREVIOUSLY USED BY COMPANY NO LONGER APPROPRIATE - REQUEST BY COMPANY TO RENEGOTIATE ORIGINAL CONTRACT - UPON REFUSAL BY MUNICIPALITY, COMPANY CLAIMS BREACH BY MUNICIPALITY OF ITS OBLIGATION TO RENEGOTIATE CONTRACT AS CONTAINED IN CONTRACT - CLAIM DISMISSED BECAUSE COURT HELD THAT IN CASE AT HAND MUNICIPALITY HAD FULFILLED ITS DUTY TO RENEGOTIATE CONTRACT - REFERENCE TO UNIDROIT PRINCIPLES AND PRINCIPLES OF EUROPEAN CONTRACT LAW | |
|
Paraguay Tribunal de Apelación en lo Civil y Comercial de Asunción 21-11-2016 SERVICE CONTRACT - BETWEEN TWO PARAGUAYAN PARTIES - UNIDROIT PRINCIPLES IN SUPPORT OF THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) DEFINITION OF AN OFFER – REFERENCE TO ART. 2.1.2 UNIDROIT PRINCIPLES CONTRACT INTERPRETATION - RELEVANCE OF THE PREVIOUS CONDUCT OF ONE OF THE PARTIES - REFERENCE TO ART. 4.3 UNIDROIT PRINCIPLES | |
|
Paraguay Tribunal de Apelación en lo Civil y Comercial de Asunción, Quinta Sala 23-03-2019 SERVICE CONTRACT - BETWEEN A PARAGUAYAN HOSPITAL (CLAIMANT) AND THE MINISTRY OF HEALTH AND SOCIAL WELFARE OF PARAGUAY (RESPONDENT) – REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) CONTRACT FOR MEDICAL SERVICES – REQUEST FOR PAYMENT OF SERVICES NOT AGREED UPON BETWEEN PARTIES – NOTION OF NON-PERFORMANCE – REFERENCE TO ART. 7.1.1 UNIDROIT PRINCIPLES | |
|
Paraguay Tribunal de Apelación en lo Civil y Comercial – Cuarta Sala 22-05-2019 SERVICE CONTRACT - BETWEEN A PARAGUAYAN PROFESSIONAL AND A PARAGUAYAN STATE ENTITY - REFERENCE TO THE UNIDROIT PRINCIPLE IN ORDER TO CONFIRM THAT THE SOLUTION PROVIDED BY APPLICABLE DOMESTIC LAW WAS IN CONFORMITY WITH INTERNATIONAL STANDARDS EXCEPTIO NON ADIMPLENTI CONTRACTUS - REFERENCE TO ART. 7.1.3 UNIDROIT PRINCIPLES (2010 EDITION) WHICH REFLECTS A PRINCIPLE VERY SIMILAR TO THE ONE EXPRESSED IN ART. 719 OF THE PARAGUAYAN CIVIL CODE | |
|
Romania High Court of Cassation and Justice 16-02-2010 DESIGN SERVICE CONTRACT – BETWEEN TWO ROMANIAN COMPANIES –UNIDROIT PRINCIPLES IN SUPPORT OF THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (ROMANIAN LAW) PRINCIPLE OF PACTA SUNT SERVANDA – REFERENCE TO ART. 1.3 UNIDROIT PRINCIPLES NON-PERFORMANCE AND EXCEPTIO NON ADIMPLETI CONTRACTUS – REFERENCE TO ARTS. 5.1.1, 5.1.2 AND 7.1.1 UNIDROIT PRINCIPLES | |
|
Russian Federation Federal Arbitrazh Court of the Volgo-Vyatsky District 27-06-2003 LONG-TERM CONTRACTS - STORAGE SERVICE CONTRACT - BETWEEN TWO RUSSIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES TO CONFIRM THE SOLUTION PROVIDED BY APPLICABLE DOMESTIC LAW (RUSSIAN LAW). NOTION OF FORCE MAJEURE - REFERENCE TO ARTICLE 401(3) OF THE RUSSIAN CIVIL CODE AND TO ARTICLE 7.1.7 OF THE UNIDROIT PRINCIPLES | |
|
Russian Federation Supreme Commercial Court of Russian Federation 14-03-2008 REPAIR SERVICE CONTRACT - BETWEEN AN UKRAINIAN COMPANY AND A RUSSIAN COMPANY - REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (RUSSIAN LAW) DAMAGES - FORSEEABILITY OF HARM - REFERENCE TO ARTICLE 7.4.4 UNIDROIT PRINCIPLES | |
|
Russian Federation Arbitrazh Court of the Krasnoyarsk region 21-05-2009 LONG-TERM CONTRACTS - SERVICE CONTRACT - BETWEEN TWO RUSSIAN COMPANIES - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING APPLICABLE DOMESTIC LAW (RUSSIAN LAW) FORCE MAJEURE - REFERENCE TO ARTICLE 7.1.7 IN SUPPORT OF SIMILAR SOLUTION UNDER RUSSIAN LAW | |
|
Russian Federation Second circuit Arbitrazh Court of Appeal 29-01-2010 SERVICE CONTRACT FOR THE REPAIR OF PIPELINE - BETWEEN TWO RUSSIAN COMPANIES – REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT APPLICABLE LAW (RUSSIAN LAW). NOTION OF FORCE MAJEURE – REFERENCE TO ARTICLE 7.1.7 OF UNIDROIT PRINCIPLES | |
|
Russian Federation Arbitrazh Court of the Saha Republic (Yakutia) 06-09-2011 SERVICE CONTRACT - BETWEEN TWO RUSSIAN PARTIES - UNIDROIT PRINCIPLES AS A MEANS FOR INTERPRETING APPLICABLE DOMESTIC LAW (RUSSIAN LAW) GOODS STORED AT A RIVERPORT DESTROYED BY FIRE - FIRE NOT AMOUNTING TO FORCE MAJEURE AS IT COULD HAVE BEEN FORESEEN AND AVOIDED BY RIVER PORT AUTHORITY - REFERENCE TO APPLICABLE RUSSIAN LAW AND TO ARTICLE 7.1.7 OF THE UNIDROIT PRINCIPLES. | |
|
Russian Federation Supreme Commercial Court of Russian Federation 03-05-2012 SERVICE CONTRACT BETWEEN TWO RUSSIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT APPLICABLE DOMESTIC LAW (RUSSIAN LAW) LOSS OF PROPERTY IN CUSTODY DUE TO A FIRE - EVENT AMOUNTING TO FORCE MAJEURE ONLY IF IT IS BEYOND THE CONTROL OF THE PARTY EITHER BECAUSE THAT PARTY COULD NOT FORESEE IT OR BECAUSE IT COULD NOT AVOID OR OVERCOME ITS CONSEQUENCES - REFERENCE TO ART. 401 RUSSIAN CIVIL CODE AND TO ART. 7.1.7(1) UNIDROIT PRINCIPLES | |
|
Russian Federation Second circuit Arbtrazh Court of Appeal 31-08-2012 SERVICE CONTRACT - BETWEEN TWO RUSSIAN COMPANIES – REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT APPLICABLE LAW (RUSSIAN LAW). NOTION OF FORCE MAJEURE – REFERENCE TO ARTICLE 7.1.7 OF UNIDROIT PRINCIPLES | |
|
Russian Federation Arbitrazh Court of Sakhalin Region 02-12-2013 SERVICE CONTRACT - BETWEEN A RUSSIAN STATE-OWNED COMPANY AND ANOTHER RUSSIAN COMPANY - UNIDROIT PRINCIPLES APPLIED AS MEANS FOR INTERPRETING APPLICABLE DOMESTIC LAW (RUSSIAN LAW) FORCE MAJEURE - REFERENCE TO ARTICLE 401 OF THE CIVIL CODE OF THE RUSSIAN FEDERATION AND TO ARTICLE 7.1.7 OF THE UNIDROIT PRINCIPLES ON INTERNATIONAL COMMERCIAL CONTRACTS | |
|
Russian Federation Arbitrazh court of Kostroma region 23-05-2014 ADMINISTRATIVE CONTRACTS - SERVICE CONTRACT - BETWEEN RUSSIAN INDIVIDUAL AND RUSSIAN MUNICIPALITY - REFERENCE TO THE UNIDROIT PRINCIPLES TO INTERPRET OR SUPPLEMENT APPLICABLE DOMESTIC LAW (RUSSIAN LAW) DAMAGES - AMOUNT CANNOT BE ESTABLISHED WITH A SUFFICIENT DEGREE OF CERTAINTY - EQUITABLE QUANTIFICATION OF DAMAGES - REFERENCE TO ARTICLE 7.4.3(3) OF UNIDROIT PRINCIPLES | |
|
Russian Federation Ninth circuit Arbitrazh Court of Appeal 26-01-2016 STORAGE SERVICE CONTRACT - BETWEEN TWO RUSSIAN PARTIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (RUSSIAN LAW) FORCE MAJEURE AS UNFORESEEABLE AND UNAVOIDABLE EVENT - FIRE IN THE WAREHOUSE DESTROYING GOODS - OBLIGOR NOT EXEMPTED IF DOES NOT PROVE THAT OUTBREAK OF FIRE I WAS UNFORESEEABLE AND UNAVOIDABLE - REFERENCE TO ART. 7.1.7 UNIDROIT PRINCIPLES | |
|
Russian Federation Sverdlovsk District Court 18-10-2017 SERVICE CONTRACT - BETWEEN TWO RUSSIAN INDIVIDUALS - REFERENCE TO UNIDROIT PRINCIPLES TO CONFIRM THAT SOLUTION PROVIDED BY APPLICABLE DOMESTIC LA (RUSSIAN LAW) IS IN CONFORMITY WITH INTERNATIONAL STANDARDS CONTRACT FOR KEEPING PLAINTIFF´S HORSE IN DEFENDANT´S STABLE - HORSE´S EYES INJURED BY COMBING ITS HEAD WITH STRAW BEDDING - PLAINTIFF CLAIMING DAMAGES BUT DEFENDANT INVOKES CIRCUMSTANCES OF FORCE MAJEURE - NOTION OF FORCE MAJEURE - EVENT MUST BE UNFORESEEABLE AND UNAVOIDABLE - REFERENCE TO ART. 401(3) OF RUSSIAN CIVIL CODE AND TO ART. 7.1.7 OF UNIDROIT PRINCIPLE - DEFENDANT´S EXEMPTION DENIED BECAUSE INJURY COULD HAVE BEEN AVOIDED IF HE HAD TAKEN ADEQUATE PRECAUTIONARY MEASURES TO PROTECT HORSE´S EYES | |
|
Spain Audiencia Provincial de Madrid 27-05-2008 LONG-TERM CONTRACTS - SECURITY SERVICE CONTRACT - BETWEEN TWO SPANISH PARTIES - UNIDROIT PRINCIPLES USED AS A MEANS FOR INTERPRETING DOMESTIC LAW (SPANISH LAW) TERMINATION OF CONTRACT - FUNDAMENTAL NON-PERFORMANCE (ARTICLE 7.3.1) | |
|
Uruguay Tribunal Apelaciones Civil 1st 22-10-2014 SERVICE CONTRACT - BETWEEN A KOREAN COMPANY AND AN URUGUAYAN COMPANY - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT APPLICABLE DOMESTIC LAW (URUGUAYAN LAW) ADMISSIBILITY OF EXEMPTION CLAUSES IN INTERNATIONAL COMMERCIAL CONTRACTS - REFERENCE TO ARTICLE 7.1.6 UNIDROIT PRINCIPLES | |
| 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
|
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 |
|
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 |
|
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" |
|
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 |
|
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 |
|
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 |
|
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) |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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” |
|
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 |
|
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 |
|
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). |