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 |
Arbitral Award Ad hoc Arbitration, New York 00-00-0000 LONG-TERM CONTRACTS - TRANSPORT CONTRACT - BETWEEN A CANADIAN CORPORATION AND THE UNITED NATIONS ORGANIZATION - CONCERNING TRANSPORTATION OF U.N. PERSONNEL THROUGHOUT THE WORLD – PARTIES AGREE THAT ARBITRAL TRIBUNAL APPY “GENERALLY ACCEPTED PRINCIPLES OF INTERNATIONAL COMMERCIAL LAW” – ARBITRAL TRIBUNAL DECIDES TO RESORT TO UNIDROIT PRINCIPLES | |
Arbitral Award Ad hoc Arbitration (Place unknown) 00-00-0000 STATE CONTRACTS - LONG-TERM CONTRACTS - CONSTRUCTION CONTRACT - BETWEEN A UNITED STATES OIL COMPANY AND THE GOVERNMENT OF A STATE OF THE FORMER SOVIET UNION – CHOICE OF LAW CLAUSE IN FAVOUR OF DOMESTIC LAW OF THAT STATE - ACCORDING TO ARBITRAL TRIBUNAL DOMESTIC LAW IN QUESTION NOT FULLY DEVELOPED – REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT IT INVESTMENT CONTRACT GRANTED FOREIGN INVESTOR A LONG-TERM CONTRACT FOR SUPPLY OF ELECTRICITY TO CUSTOMERS IN HOSTING STATE AT PROFITABLE PRICES – DUE TO SUBSEQUENT CHANGES IN ENERGY SUPPLY SYSTEM OF HOSTING STATE SUPPLY OF ENERGY BY FOREIGN INVESTOR NO LONGER PROFITABLE – REFERENCE TO ARTICLES 1.4, 6.2.2-6.2.3 AND 7.1.7 OF UNIDROIT PRINCIPLES. | |
Arbitral Award ICC International Court of Arbitration 12112 00-00-0000 STATE CONTRACTS - LONG-TERM CONTRACTS - JOINT-VENTURE AGREEMENT - BETWEEN TWO INVESTORS OF UNKNOWN NATIONALITY AND A GOVERNMENT AGENCY OF STATE Y - PARTIES' CHOICE OF LAW OF STATE Y AS GOVERNING LAW STATE AGENCY FAILING TO PERFORM ITS OBLIGATIONS UNDER AGREEMENT DUE TO SERIOUS SOCIAL CRISIS IN THE REGION - NOT EXCUSED ON GROUND OF FORCE MAJEURE - ACCORDING TO ARBITRAL TRIBUNAL STATE PARTNER UNDER STRICT DUTY TO ASSESS SOCIAL AND POLITICAL CONDITIONS ON ITS TERRITORY BEFORE ENTERING INTO AGREEMENTS WITH FOREIGN INVESTORS TO MAKE SURE THAT IT IS ABLE TO PERFORM ITS CONTRACTUAL OBLIGATIONS - REFERENCE TO GENERAL PRINCIPLE OF GOOD FAITH RECOGNISED BY APPLICABLE DOMESTIC LAW AS WELL AS "IMPERIO RATIONIS" BY ANALOGY AND A FORTIORI TO ARTICLES 6.14 - 6.17 UNIDROIT PRINCIPLES | |
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) | |
Arbitral Award ICC International Court of Arbitration 20103 00-00-0000 LONG-TERM CONTRACTS - JOINT-VENTURE AGREEMENT - BETWEEN THREE COMPANIES OF THREE DIFFERENT STATES- ENGLISH LAW APPLICABLE INTEREST - RIGHT TO INTEREST - APPLIED AS REQUESTED BY THE PARTY REFERRING TO ART. 7.4.9(2) UNIDROIT PRINCIPLES | |
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 | |
Arbitral Award ICC International Court of Arbitration, Brussels 8548 00-00-1996 LONG-TERM CONTRACTS - AGENCY CONTRACT - BETWEEN A NORTH AMERICAN AGENT AND A GERMAN-BELGIAN GROUP OF COMPANIES - SILENT AS TO APPLICABLE LAW - PARTIES AGREE ON THE APPLICATION OF DUTCH LAW GOOD FAITH IN CONTRACT PERFORMANCE - REFERENCE TO UNIDROIT PRINCIPLES TO CONFIRM THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW | |
Arbitral Award ICC International Court of Arbitration, Rome 5835 00-06-1996 LONG-TERM CONTRACTS - CONTRACT FOR SUPPLY, INSTALLATION AND MAINTENANCE OF ELECTRICAL WORKS - BETWEEN AN ITALIAN COMPANY AND A KUWAITI COMPANY - SILENT AS TO APPLICABLE LAW - APPLICATION BY ARBITRAL TRIBUNAL OF DOMESTIC LAW (KUWAITI LAW) TOGETHER WITH "PRINCIPLES GENERALLY APPLICABLE IN INTERNATIONAL COMMERCE" - REFERENCE TO INDIVIDUAL PROVISIONS OF THE UNIDROIT PRINCIPLES FOR INTERPRETATION OF APPLICABLE DOMESTIC LAW NON-PERFORMANCE - ART. 7.1.6 UNIDROIT PRINCIPLES TO INTERPRET GROSS MISTAKE UNDER KUWAITI LAW DAMAGES - ART. 7.4.3(3) UNIDROIT PRINCIPLES TO CONFIRM DISCRETIONARY POWER OF THE COURT IN ASSESSING DAMAGES UNDER KUWAITI LAW - ART. 7.4.7 UNIDROIT PRINCIPLES TO CONFIRM RULE UNDER KUWAITI LAW THAT DAMAGES BE REDUCED IF DUE IN PART TO AGGRIEVED PARTY INTEREST - ART. 7.4.9(3) UNIDROIT PRINCIPLES TO CONFIRM RIGHT TO ADDITIONAL DAMAGES UNDER KUWAITI LAW | |
Arbitral Award Camera Arbitrale Nazionale ed Internazionale di Milano 01-12-1996 LONG-TERM CONTRACTS - COMMERCIAL AGENCY CONTRACT - BETWEEN AN ITALIAN COMPANY AND A UNITED STATES COMPANY - SILENT AS TO APPLICABLE LAW - AGREEMENT BY PARTIES TO SETTLE THEIR DISPUTE IN CONFORMITY WITH THE UNIDROIT PRINCIPLES - TEMPERED BY RECOURSE TO EQUITY CONTRACT OF COMMERCIAL AGENCY - BINDING UPON PARTIES (ART. 1.3 UNIDROIT PRINCIPLES) PARTY'S WRITTEN DECLARATION - INTERPRETED AS NOTICE OF TERMINATION (ARTS. 4.1 AND 4.2 UNIDROIT PRINCIPLES) EXCLUSION OF THE RIGHT TO TERMINATE THE CONTRACT FOR AN EVENT ON THE OCCURRENCE OF WHICH PARTIES HAD AGREED TO RENEGOTIATE THE CONTRACT (ART. 7.3.1 UNIDROIT PRINCIPLES) TERMINATION - CONTRACT TERM INTENDED TO TAKE EFFECT AFTER TERMINATION (ART. 7.3.5 UNIDROIT PRINCIPLES) DAMAGES - FULL COMPENSATION OF THE HARM SUSTAINED (ARTS. 7.4.1 AND 7.4.2 UNIDROIT PRINCIPLES) - DOES NOT INCLUDE EMOTIONAL SUFFERING AND DISTRESS WHEN AGGRIEVED PARTY IS A CORPORATE ENTITY DAMAGES - COMPENSATION LIMITED TO FORESEEABLE HARM ARISING OUT OF NON-PERFORMANCE (ARTS. 7.4.3-7.4.4 UNIDROIT PRINCIPLES) INTEREST - RUNNING FROM THE TIME WHEN PAYMENT IS DUE (ART. 7.4.9 UNIDROIT PRINCIPLES) INTEREST - INTEREST RATE FIXED BY THE PARTIES (ART. 7.4.13 UNIDROIT PRINCIPLES) | |
Arbitral Award ICC International Court of Arbitration, Paris 8264 00-04-1997 LONG-TERM CONTRACTS - CONTRACT FOR SUPPLY OF INDUSTRIAL EQUIPMENT AND TRANSFER OF KNOW-HOW - BETWEEN A UNITED STATES MANUFACTURER AND AN ALGERIAN INDUSTRIAL DEVELOPMENT CORPORATION - PARTIES' CHOICE OF DOMESTIC LAW (ALGERIAN LAW) AS LAW GOVERNING THE CONTRACT - EXPRESS AUTHORIZATION OF ARBITRAL TRIBUNAL TO CONSIDER THE GENERAL PRINCIPLES OF LAW AND THE USAGES OF TRADE BREACH OF DUTY TO PROVIDE INFORMATION - COMPENSATION FOR LOSS OF A CHANCE - REFERENCE TO ART. 7.4.3(2) UNIDROIT PRINCIPLES | |
Arbitral Award ICC International Court of Arbitration, Paris 8873 00-07-1997 LONG-TERM CONTRACTS - CONSTRUCTION CONTRACT - BETWEEN A SPANISH COMPANY AND A FRENCH COMPANY - PARTIES' CHOICE OF DOMESTIC LAW (SPANISH LAW) AS LAW GOVERNING THE CONTRACT - PARTY'S REQUEST THAT ARBITRAL TRIBUNAL APPLY UNIDROIT PRINCIPLES AS TRADE USAGES (ART. VII GENEVA CONVENTION ON INTERNATIONAL ARBITRATION ART. 13(5) OF THE ICC RULES OF ARBITRATION AND CONCILIATION) - ARBITRAL TRIBUNAL DECISION NOT TO APPLY THE UNIDROIT PRINCIPLES HARDSHIP PROVISIONS IN THE UNIDROIT PRINCIPLES (ARTS. 6.2.2 AND 6.2.3) - DO NOT PRESENTLY REFLECT CURRENT PRACTICE IN INTERNATIONAL TRADE | |
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) | |
Arbitral Award ICC International Court of Arbitration, Rome 9029 00-03-1998 LONG-TERM CONTRACTS - SHAREHOLDERS AGREEMENT - BETWEEN AN ITALIAN COMPANY AND AN AUSTRIAN COMPANY - PARTIES' CHOICE OF DOMESTIC LAW (ITALIAN LAW) AS LAW GOVERNING THE CONTRACT - ART. 834 ITALIAN CODE OF CIVIL PROCEDURE REQUIRING ARBITRAL TRIBUNAL TO TAKE INTO ACCOUNT "TRADE USAGES" - REQUEST OF APPLICATION OF UNIDROIT PRINCIPLES AS AN "AUTHORITATIVE SOURCE OF KNOWLEDGE OF INTERNATIONAL TRADE USAGES" - REJECTED ART. 3.10 (GROSS DISPARITY) OF UNIDROIT PRINCIPLES - DISADVANTAGED PARTY'S STATE OF IGNORANCE - CONDITIONS ART. 6.2.2 (HARDSHIP) - ALTERATION OF EQUILIBRIUM DUE TO EVENT WHERE RISK ASSUMED BY DISADVANTAGED PARTY | |
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 | |
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 | |
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) | |
Arbitral Award Ad hoc Arbitration (Uruguay) 30-12-1998 LONG-TERM CONTRACTS - CONSTRUCTION CONTRACT – BETWEEN AN URUGUAYAN HOTEL COMPANY AND TWO BRAZILIAN CONSTRUCTION COMPANIES - PARTIES’ CHOICE OF DOMESTIC LAW (URUGUAYAN LAW) AS LAW GOVERNING THE DISPUTE – REFERENCE BY ARBITRAL TRIBUNAL TO THE 1994 UNIDROIT PRINCIPLES (ARTS. 2.18, 4.2.2., 4.6) TO DEMONSTRATE THAT SOLUTION REACHED UNDER APPLICABLE DOMESTIC LAW CORRESPONDED TO INTERNATIONALLY ACCEPTED PRINCIPLES | |
Arbitral Award ICC International Court of Arbitration 9875 00-01-1999 LONG-TERM CONTRACTS - LICENSING AGREEMENT - BETWEEN A FRENCH COMPANY AND A JAPANESE COMPANY - SILENT AS TO APPLICABLE LAW – EXCLUSION BY ARBITRAL TRIBUNAL OF DOMESTIC LAW OF BOTH PARTIES – APPLICATION OF LEX MERCATORIA (ARTICLE 17 OF ICC ARBITRATION RULES) – REFERENCE TO THE UNIDROIT PRINCIPLES AS ONE OF THE POSSIBLE SOURCES OF THE LEX MERCATORIA | |
Arbitral Award ICC International Court of Arbitration 9479 00-02-1999 LONG-TERM CONTRACTS - LICENSING AGREEMENT - BETWEEN AN ITALIAN COMPANY AND ANOTHER ITALIAN COMPANY WITH AN AFFILIATE REGISTERED IN THE UNITED STATES - SILENT AS TO THE APPLICABLE LAW – REFERENCE BY ARBITRAL TRIBUNAL TO “USAGES OF INTERNATIONAL TRADE” – REFERENCE TO THE UNIDROIT PRINCIPLES HARDSHIP – SUPERVENING CHANGES IN THE LAW – HARDSHIP ONLY WHERE CAUSING FUNDAMENTAL ALTERATION OF CONTRACT EQUILIBRIUM (UNIDROIT PRINCIPLES ARTICLES 6.2.1-6.2.3). CONTRACT FOR AN INDEFINITE PERIOD – RIGHT OF TERMINATION - EXCLUDED WHERE PARTIES INTENDED TO CREATE PERPETUAL OBLIGATIONS (UNIDROIT PRINCIPLES, ARTICLE 5.8 [ART. 5.1.8 OF THE 2004 EDITION]). | |
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 10021 00-00-2000 LONG-TERM CONTRACTS - SHAREHOLDERS AGREEMENT - SUBJECT TO A PARTICULAR DOMESTIC LAW (LITHUANIAN LAW) - CONCURRENT APPLICATION OF "RELEVANT TRADE USAGES" ACCORDING TO ARTICLE 17 ICC ARBITRATION RULES - REFERENCE TO THE UNIDROIT PRINCIPLES AS "CODIFIED TRADE USAGES" SHAREHOLDERS' AGREEMENT FOR AN INDEFINITE PERIOD OF TIME - CAN BE ENDED BY EITHER PARTIES ONLY BY GIVING NOTICE A REASONABLE TIME IN ADVANCE (ARTICLE 5.8 [ART. 5.1.8 OF THE 2004 EDITION] OF THE UNIDROIT PRINCIPLES) DESTRUCTION OF MUTUAL TRUST BETWEEN PARTIES TO SHAREHOLDERS' AGREEMENT - NOT NECESSARILY CASE OF HARDSHIP ACCORDING TO ARTICLE 6.2.2 OF THE UNIDROIT PRINCIPLES TERMINATION OF SHAREHOLDERS' AGREEMENT BECAUSE OF CASE OF HARDSHIP - ONLY IF NEGOTIATIONS FOR ADAPTATION OF TERMS OF AGREEMENT FAIL (ARTICLE 6.2.3 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 ICC International Court of Arbitration 9875 00-03-2000 LONG-TERM CONTRACTS - LICENSING AGREEMENT - BETWEEN A FRENCH COMPANY AND A JAPANESE COMPANY - LEX MERCATORIA AS APPLICABLE LAW CONTRACT INTERPRETATION – INTENTION OF PARTIES DECISIVE – TO BE DETERMINED IN THE FULL CONTEXT OF THE CONTRACT AND OF THE CONDUCT OF THE PARTIES PREVIOUS AND SUBSEQUENT TO THE CONCLUSION OF THE CONTRACT – ARTICLES 4.1, 4.3 AND 4.4 OF THE UNIDROIT PRINCIPLES. CONTRACT INTERPRETATION – PRINCIPLE OF GOOD FAITH AND FAIR DEALING IN INTERNATIONAL TRADE – PROHIBITION FROM DOING INDIRECTLY WHAT THE CONTRACT PREVENTS FROM DOING DIRECTLY - ARTICLE 1.7 OF THE UNIDROIT PRINCIPLES. | |
Arbitral Award ICC International Court of Arbitration 10022 00-10-2000 LONG-TERM CONTRACTS - COOPERATION AGREEMENT - ARBITRAL TRIBUNAL REQUESTED TO TAKE INTO ACCOUNT “RELEVANT TRADE USAGES” (ARTICLE 17 ICC RULES OF ARBITRATION) – REFERENCE INCLUDES BUT IS NOT LIMITED TO THE UNIDROIT PRINCIPLES AND THE PRINCIPLES OF EUROPEAN CONTRACT LAW. | |
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) | |
Arbitral Award ICC International Court of Arbitration, Geneva 10351 00-02-2001 LONG-TERM CONTRACTS - GAS SUPPLY CONTRACT - GOVERNED BY A PARTICULAR DOMESTIC LAW SUBSEQUENT MODIFICATIONS TO THE FORMULA FOR CALCULATING THE PRICE - DUTY TO RENEGOTIATE IN GOOD FAITH - REFERENCE TO ART. 1.7 UNIDROIT TO CONFIRM THAT THAT THE OBLIGATION TO PERFORM THE CONTRACT IN GOOD FAITH IS A GENERALLY ACCEPTED PRINCIPLE IN INTERNATIONAL CONTRACTS | |
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) | |
Arbitral Award Ad hoc arbitration (San José, Costa Rica) 30-04-2001 LONG-TERM CONTRACTS - JOINT-VENTURE AGREEMENT - BETWEEN A COSTA RICAN AND A FRENCH COMPANY - ARBITRATION CLAUSE STATING THAT DISPUTES SHOULD BE SETTLED "ON THE BASIS OF GOOD FAITH AND FAIR USAGES AND WITH REGARD TO THE MOST SOUND COMMERCIAL PRACTICES AND FRIENDLY TERMS" - APPLICATION BY ARBITRAL TRIBUNAL OF THE UNIDROIT PRINCIPLES DEFINED AS "THE CENTRAL COMPONENT OF THE GENERAL RULES AND PRINCIPLES REGULATING INTERNATIONAL CONTRACTUAL OBLIGATIONS AND ENJOYING WIDE INTERNATIONAL CONSENSUS" BREACH OF THE DUTY TO COOPERATE IMPLIED IN A JOINT VENTURE AGREEMENT - REFERENCE TO ARTICLES 1.7, 1.8, 4.1, 5.3 AND 5.4 [ARTS. 5.1.3 AND 5.1.4 OF THE 2004 EDITION] OF THE UNIDROIT PRINCIPLES DAMAGES FOR LOSS OF A CHANCE - REFERENCE TO ARTICLE 7.4.3 OF THE UNIDROIT PRINCIPLES | |
Arbitral Award ICC International Court of Arbitration 9950 00-06-2001 LONG-TERM CONTRACTS - CONTRACT FOR THE SUPPLY OF INDUSTRIAL PLANT AND SUPERVISION OF ITS CONSTRUCTION - BETWEEN AN EGYPTIAN AND A FRENCH COMPANY - GOVERNED BY EGYPTIAN LAW DELAY IN COMPLETION OF PLANT - CLAIM BY PURCHASER FOR DAMAGES FOR LOSS OF PROFITS - IN DECIDING IN FAVOUR OF CLAIMANT, ARBITRAL TRIBUNAL REFERRED NOT ONLY TO EGYPTIAN LAW BUT ALSO TO SWISS LAW AS THE LAW OF THE PLACE OF ARBITRATION AND TO THE UNIDROIT PRINCIPLES (ARTICLES 7.4.1 - 7.4.3). | |
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) | |
Arbitral Award ICC International Court of Arbitration 9078 00-10-2001 LONG-TERM CONTRACTS - LICENSING AGREEMENT - BETWEEN A SWEDISH LICENSOR AND A GERMAN LICENSEE - LICENSEE UNDERTAKES TO NO LONGER MANUFACTURE AND SELL LICENSED THE GOODS BUT THEN FAILS TO FULFILL ITS OBLIGATION - LICENSOR CLAIMS DAMAGES FOR LOST OPPORTUNITIES APPLICABLE LAW (GERMAN LAW) UNCLEAR AS TO WHETHER DAMAGES FOR LOST OPPORTUNITIES CAN BE AWARDED - REFERENCE TO OTHER DOMESTIC LAWS AND TO THE UNIDROIT PRINCIPLES TO SUPPORT DECISION TO AWARD SUCH DAMAGES | |
Arbitral Award ICC International Court of Arbitration 9994 00-12-2001 LONG-TERM CONTRACTS - LICENSING AGREEMENT - BETWEEN FRENCH AND UNITED STATES COMPANIES - SUPERVENING HARDSHIP - PARTIES UNDER A DUTY TO RENEGOTIATE CONTRACT - REFERENCE NOT ONLY TO THE LAW GOVERNING THE CONTRACT (FRENCH LAW) BUT ALSO TO THE UNIDROIT PRINCIPLES (ARTICLES 6.2.2 - 6.2.3) | |
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 Arbitration Court of the Lausanne Chamber of Commerce and Industry 25-01-2002 LONG-TERM CONTRACTS - CONSULTING CONTRACT - BETWEEN TWO BELGIAN INDIVIDUALS AND A SPANISH COMPANY - SILENT AS TO APPLICABLE LAW BUT CONTAINING REFERENCE TO "GENERAL PRINCIPLES OF LAW APPLICABLE TO INTERNATIONAL COMMERCIAL CONTRACTS" - AT BEGINNING OF ARBITRAL PROCEEDINGS PARTIES AGREE ON APPLICATION OF THE UNIDROIT PRINCIPLES DUTY OF BEST EFFORTS AS CONTRASTED TO DUTY TO ACHIEVE A SPECIFIC RESUL (ART. 5.4 [5.1.4 OF THE 2004 EDITION] OF THE UNIDROIT PRINCIPLES) NON-PERFORMANCE PARTLY CAUSED BY ACT OR OMISSION OF AGGRIEVED PARTY - AGGRIEVED PARTY PREVENTED FROM RELYING ON NON-PERFORMANCE - PRINCIPLE OF GOOD FAITH AND FAIR DEALING (ARTS. 7.1.2 AND 1.7 OF THE UNIDROIT PRINCIPLES) CONTRACT INTERPRETATION - PREAMBLE OF CONTRACT NOT NECESSARILY RELEVANT (SEE COMMENT 2 TO ART. 4.4 OF THE UNIDROIT PRINCIPLES). CONTRACT INTERPRETATION - ACCORDING TO UNDERSTANDING OF REASONABLE PERSON (ART. 4.1(2) OF THE UNIDROIT PRINCIPLES) TERMINATION OF CONTRACT - NOTICE - INTERPRETATION OF CONTENT (ARTS. 4.2(2), 4.3 LIT. (C) AND 4.5 OF THE UNIDROIT PRINCIPLES) COURSE OF DEALINGS - POWERS OF ATTORNEY OF ONE PARTY'S EMPLOYEE (ART. 1.8(1) OF UNIDROIT PRINCIPLES) PACTA SUNT SERVANDA - TERMINATION OF CONTRACT LEGITIMATE ONLY WHEN ADMITTED BY CONTRACT OR SPECIFIC PROVISOINS OF UNIDROIT PRINCIPLES (ART. 1.3 OF UNIDROIT PRINCIPLES) PUBLIC PERMISSION REQUIREMENT - PARTY UNDER DUTY TO APPLY FAILS TO DO SO - PARTY UNDER DUTY TO APPLY FAILS TO GIVE NOTICE TO OTHER PARTY (ART. 6.1.15(1) AND (2) OF UNIDROIT PRINCIPLES) RIGHT TO PERFORMANCE OF NON-MONETARY OBLIGATION - OBLIGEE UNABLE TO GET PERFORMANCE IN NATURA - MAY CHANGE REMEDY AND ASK FOR DAMAGES (ART. 7.2.5(1) OF THE UNIDROIT PRINCIPLES) RIGHT TO DAMAGES - DETERMINATION OF AMOUNT DUE (SEE ARTS. 7.4.1, 7.4.2, 7.4.3, 7.4.4, 7.4.7, 7.4.9(2) AND COMMENTS TO ART. 7.4.12 OF THE UNIDROIT PRINCIPLES) | |
Arbitral Award ICC International Court of Arbitration 10385 00-03-2002 STATE CONTRACTS - LONG-TERM CONTRACTS - CONSTRUCTION CONTRACT - BETWEEN A WEST AFRICAN STATE AND AN AFRICAN CONSTRUCTION COMPANY - CONTRACT SILENT AS TO THE APPLICABLE LAW - ARBITRAL TRIBUNAL EXCLUDES APPLICATION NOT ONLY OF ANY DOMESTIC LAW BUT ALSO OF THE LEX MERCATORIA BECAUSE OF ITS UNCERTAIN NATURE AND SCOPE - MENTION IN THIS CONTEXT OF THE UNIDROIT PRINCIPLES, DESCRIBED AS "COMPLEMENTING IF NOT EVEN COMPETING WITH" THE LEX MERCATORIA | |
Arbitral Award ICC International Court of Arbitration 11375 00-03-2002 LONG-TERM CONTRACTS - CONSORTIUM AGREEMENT - BETWEEN WESTERN EUROPEAN COMPANIES AND EAST ASIAN COMPANIES - TO BID FOR A BOT CONCESSION IN AN EAST ASIAN COUNTRY - IMPLICIT OBLIGATION FOR CONSORTIUM MEMBERS TO ACT IN GOOD FAITH AMONG THEMSELVES - REFERENCE TO APPLICABLE DOMESTIC LAW AND TO THE UNIDROIT PRINCIPLES | |
Arbitral Award Arbitration Centre of the Costa Rican Chamber of Commerce 29-07-2002 LONG-TERM CONTRACTS - LEASE CONTRACT - BETWEEN TWO COSTA RICAN COMPANIES - GOVERNED BY COSTA RICAN LAW - REFERENCE BY ARBITRAL TRIBUNAL TO THE UNIDROIT PRINCIPLES AS A MEANS OF SUPPLEMENTING DOMESTIC LAW BREACH OF CONTRACT - DUTY TO MITIGATE HARM CAUSED BY BREACH (ART. 7.4.8 UNIDROIT PRINCIPLES) | |
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 | |
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 | |
Arbitral Award ICC International Court of Arbitration 12193 00-06-2004 LONG-TERM CONTRACTS - DISTRIBUTION CONTRACT - BETWEEN GERMAN MANUFACTURER AND LEBANESE DISTRIBUTOR - CONTRACT SILENT AS TO THE LAW GOVERNING THE CONTRACT - LEBANESE LAW APPLIED ONE PARTY'S REQUEST FOR SUBSIDIARY APPLICATION OF GENERAL PRINCIPLES OF LAW OR LEX MERCATORIA AS EXPRESSED IN UNIDROIT PRINCIPLES - REQUEST REFUSED - ACCORDING TO ARBITRAL TRIBUNAL APPLICATION OF LEX MERCATORIA JUSTIFIED ONLY IF CONTRACT IS CLOSELY CONNECTED WITH MORE THAN ONE COUNTRY OR IF APPLICABLE DOMESTIC LAW FAILS TO PROVIDE SOLUTION TO ISSUES AT STAKE REFERENCE BY ARBITRAL TRIBUNAL TO ARTICLE 7.4.1 UNIDROIT PRINCIPLES TO DEMONSTRATE THAT CORRESPONDING PROVISION OF LEBANESE LAW CONFORMS TO LEX MERCATORIA | |
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 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) | |
Arbitral Award World Intellectual Property Organization Arbitration and Mediation Center (Geneva) 25-01-2007 LONG-TERM CONTRACTS - LICENSING AND JOINT RESEARCH AGREEMENT - BETWEEN A FRENCH INVESTOR AND A GERMAN MANUFACTURING COMPANY - SWISS LAW AS GOVERNING LAW - REFERENCE TO UNIDROIT PRINCIPLES UNJUSTIFIED TERMINATION OF AGREEMENT - COMPENSATION OF LOSS OF A CHANCE - TO BE PROPORTIONATE TO THE PROBABILITY OF ITS OCCURRENCE (ARTICLE 7.4.3(2) UNIDROIT PRINCIPLES) HARM DUE IN PART TO THE AGGRIEVED PARTY - AMOUNT OF DAMAGES TO BE REDUCED PROPORTIONALLY (ARTICLE 7.4.7 UNIDROIT PRINCIPLES) | |
Arbitral Award International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 08-02-2008 LONG-TERM CONTRACTS - GAS SUPPLY CONTRACT - BETWEEN A RUSSIAN COMPANY AND A MOLDAVIAN COMPANY - PROVIDING FOR DELIVERY OF PART OF THE GAS TO A THIRD PARTYSILENT AS TO APPLICABLE LAW - REFERENCE BY THE ARBITRAL TRIBUNAL TO THE UNIDROIT PRINCIPLES (AND TO CISG) WITH NO FURTHER EXPLANATION THIRD PARTY'S FAILURE TO PAY THE PRICE FOR THE GAS DELIVERED - SUPPLIER REQUESTS PAYMENT FROM BUYER THAT REFUSES TO PAY BECAUSE CONTRACT PROVIDED FOR DIRECT DELIVERY OF GAS TO AND PAYMENT OF PRICE BY THIRD PARTY GOOD FAITH ONE OF BASIC PRINCIPLES OF INTERNATIONAL TRADE - REFERENCE TO ARTICLES 1.7 UNIDROIT PRINCIPLES AND 7 AND 8 CISG AS WELL AS TO ARTICLE 5.1.2 UNIDROIT PRINCIPLES AND COMMENTS 1 TO 3 TO ARTICLE 1.7 UNIDROIT PRINCIPLES | |
Arbitral Award Corte arbitrale nazionale ed internazionale di Milano 00-03-2008 LONG-TERM CONTRACTS - SUPPLY CONTRACT - GOVERNED BY ITALIAN LAW - REFERENCE TO UNIDROIT PRINCIPLES TO STATE CORRESPONDENCE BETWEEN SOLUTIONS ADOPTED UNDER ITALIAN LAW AND INTERNATIONALLY ACCEPTED PRINCIPLES PARTIES' DUTY TO COOPERATE AS APPLICATION OF GENERAL PRINCIPLE OF GOOD FAITH (ART. 1375 ITALIAN CIVIL CODE) - REFERENCE TO ART. 5.1.3 UNIDROIT PRINCIPLES PROHIBITION OF INCONSISTENT BEHAVIOUR - PARTY PREVENTED FROM TERMINATING THE CONTRACT AFTER LEADING THE OTHER PARTY TO BELIEVE IT WOULD TOLERATE THAT PARTY'S BREACH - BELIEF MUST BE REASONABLE - REFERENCE TO ART. 1.8 UNIDROIT PRINCIPLES DAMAGES - AMOUNT MY BE ASSESSED AT DISCRETION OF ARBITRAL TRIBUNAL IF ACTUAL LOSS PROVED (ART. 1226 ITALIAN CIVIL CODE) - REFERENCE TO ART. 7.4.3 UNIDROIT PRINCIPLES | |
Arbitral Award ICC International Court of Arbitration, Paris 14108 00-08-2008 STATE CONTRACTS - LONG-TERM CONTRACTS - PRODUCTION SHARING AGREEMENT TO EXPLORE AND DEVELOP GEOLOGICAL RESOURCES - BETWEEN A UNITED STATES JOINT-VENTURE AND A FOREIGN STATE - PARTIES' CHOICE AS APPLICABLE LAW THE LAW OF THE STATE TOGETHER WITH “PRINCIPLES OF LAW COMMON TO THE LAW OF [THE STATE] AND THE UNITED STATES AND, IN THE ABSENCE OF SUCH COMMON PRINCIPLES, [...] PRINCIPLES OF LAW NORMALLY RECOGNIZED BY CIVILIZED NATIONS IN GENERAL, INCLUDING THOSE WHICH HAVE BEEN APPLIED BY INTERNATIONAL TRIBUNALS”. PROHIBITION OF INCONSISTENT BEHAVIOUR - REFERENCE TO ARTICLE 1.8 UNIDROIT PRINCIPLES WHICH ACCORDING TO ARBITRAL TRIBUNAL “OFFER REASONABLE SOLUTIONS TO RESPOND TO THE NEEDS OF THE MODERN ECONOMY IN LIGHT OF THE EXPERIENCE OF SOME OF THE MAJOR LEGAL SYSTEMS”. LIMITATION PERIOD - DAY FROM WHICH PERIOD STARTS TO RUN - APPLICABLE LAW UNCLEAR - REFERENCE TO ARTICLE 10.2 UNIDROIT PRINCIPLES | |
Arbitral Award Permanent Court of Arbitration 00-00-2009 LONG-TERM CONTRACTS - LICENSING AGREEMENT - BETWEEN EUROPEAN COMPANY AND INTERNATIONAL GOVERNMENTAL ORGANISATION – PARTIES’ EXPRESS CHOICE OF UNIDROIT PRINCIPLES AS THE LAW GOVERNING THE CONTRACT FORMATION OF CONTRACTS – REFERENCE TO ARTICLES 2.1.1., 2.1.2., 2.1.3., AND 2.1.6 UNIDROIT PRINCIPLES | |
Arbitral Award Câmara FGV de Conciliação e Arbitragem (São Paulo, Brazil) 09-02-2009 LONG-TERM CONTRACTS - ENERGY SUPPLY CONTRACT - BETWEEN TWO BRAZILIAN COMPANIES REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF CONCLUSION REACHED UNDER APPLICABLE DOMESTIC LAW (BRAZILIAN LAW) POWER SUPPLY AGREEMENT BETWEEN TWO BRAZILIAN ENERGY TRADERS – UNFORESEEN SUBSTANTIAL INCREASE IN POWER PRICE - ALLEGED HARDSHIP AND CLAIM FOR TERMINATION ACCORDING TO ARTICLE 478 OF BRAZILIAN CIVIL CODE – CLAIM REJECTED - REFERENCE TO ARTICLE 6.2.1 UNIDROIT PRINCIPLES STATING THAT THE MERE FACT THAT CONTRACT PERFORMANCE ENTAILS HIGHER ECONOMIC BURDEN FOR ONE OF THE PARTIES DOES NOT AMOUNT TO HARDSHIP | |
Arbitral Award International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 30-10-2009 LONG-TERM CONTRACTS - LEASE CONTRACT - BETWEEN A RUSSIAN AND AN HUNGARIAN COMPANY - ARBITRAL TRIBUNAL APPLYING UNIDROIT PRINCIPLES DEFINED AS "DOCUMENT ADOPTED BY AN AUTHORITATIVE INTERGOVERNMENTAL ORGANIZATION AND REFLECTING THE MOST COMMON APPROACHES OF THE MAJORITY OF NATIONAL LEGAL SYSTEMS IN REGULATING PROBLEMS OF INTERNATIONAL COMMERCIAL TRANSACTIONS" AND "BROADLY APPLIED IN INTERNATIONAL COMMERCIAL PRACTICE AND WIDELY USED BY INTERNATIONAL BUSINESS COMMUNITY AS BACKGROUND FOR SETTLING DISPUTES". REFERENCE IN PARTICULAR TO ARTS. 1.3, 1.7 (CONSIDERED TO BE THE FUNDAMENTAL RULE OF THE UNIDROIT PRINCIPLES), 7.3.1(1), 7.3.1(2), 7.3.2 AND 9.2.5. | |
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 Permanent Court of Arbitration 17-12-2010 LONG-TERM CONTRACTS - LEASE CONTRACT - BETWEEN THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT (IFAD) AND AN ITALIAN REAL ESTATE COMPANY - AGREEMENT TO BE INTERPRETED AND APPLIED ACCORDING TO "[...] THE RECOGNIZED PRINCIPLES OF INTERNATIONAL COMMERCIAL LAW" TO THE EXCLUSION OF ITALIAN LAW - APPLICATION BY ARBITRAL TRIBUNAL OF UNIDROIT PRINCIPLES CONSIDERED "AS INDICATIVE OF RECOGNISED PRINCIPLES OF INTERNATIONAL COMMERCIAL LAW" LIMITATION PERIOD - "WEAK SUBSTANTIVE APPROACH" ADOPTED BY UNIDROIT PRINCIPLES (CF. ARTICLE 10.9) | |
Arbitral Award ICC International Court of Arbitration 16816 00-00-2011 LONG-TERM CONTRACTS - PROJECT CONTRACT - BETWEEN A CHINESE PARTY AND A UNITED STATES PARTY - SILENT AS TO THE APPLICABLE LAW SOLE ARBITRATOR, HAVING FOUND THAT THE CONTRACT DID NOT INDICATE A GOVERNING LAW , THE PARTIES WERE FROM DIFFERENT JURISDICTIONS AND THE CONTRACT HAD TO BE PERFORMED IN DIFFERENT JURISDICTIONS, DECIDED TO APPLY THE UNIDROIT PRINCIPLES IN ACCORDANCE WITH ARTICLE 17 ICC ARBITRATION RULES - UNIDROIT PRINCIPLES AS THE MOST APPROPRIATE RULES OF LAW CONTRACT INTERPRETATION - PARTIES' INTENTIONS DETERMINED ON THE BASIS OF THE LETTER, NATURE AND PURPOSE OF THE AGREEMENT AND THE PARTIES' CONDUCT (ART. 4.3 UNIDROIT PRINCIPLES) - REFERENCE ALSO TO ARTS. 4.4 AND 4.5 UNIDROIT PRINCIPLES PROJECT MANAGER'S FAILURE TO MEET CONTRACTUAL REQUIREMENTS AND EXPECTATIONS – CLIENT’S RIGHT TO SUSPEND CONTRACTUAL PAYMENTS - APPLICATION OF GENERAL PRINCIPLE OF A PARTY’S RIGHT TO WITHHOLD PERFORMANCE IN CASE OF NON-PERFORMANCE BY THE OTHER PARTY (ART. 7.1.3 UNIDROIT PRINCIPLES) RIGHT TO WITHHOLD PERFORMANCE PENDING ADEQUATE ASSURANCE OF PERFORMANCE - RIGHT TO TERMINATE THE CONTRACT IN THE ABSENCE OF ADEQUATE ASSURANCE OF DUE PERFORMANCE - REFERENCE TO ART. 7.3.4 UNIDROIT PRINCIPLES REQUEST FOR TERMINATION OF THE CONTRACT BY THE NON-PERFORMING PARTY - BEHAVIOR CONTRARY TO GOOD FAITH AND FAIR DEALINGS - REFERENCE TO ARTS. 1.7 AND 1.8 UNIDROIT PRINCIPLES DAMAGES FOR LOSS OF REPUTATION OF THE CLIENT - REFERENCE TO ART. 7.4.2(2) UNIDROIT PRINCIPLES - DAMAGES NON-REFUNDABLE FAILING A DIRECT LINK BETWEEN THE LOSS OF SALES AND THE LOSS OF REPUTATION FOLLOWING FROM THE POOR PERFORMANCE OF THE PRODUCT SUPPLIED BY THE PROJECT MANAGER | |
Arbitral Award International Arbitration Court of the Chamber of Commerce and Industry of the Russian Federation 16-03-2012 LONG-TERM CONTRACTS - LICENSING AND SERVICE AGREEMENT - BETWEEN A RUSSIAN COMPANY AND A CYPRIOT COMPANY UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING APPLICABLE DOMESTIC LAW (RUSSIAN LAW) - UNIDROIT PRINCIPLES DEFINED AS "THE RECOMMENDED SOURCE OF RULES GOVERNING GENERAL ISSUES OF PERFORMANCE AND INTERPRETATION OF CONTRACTS OF AN INTERNATIONAL CHARACTER". REFERENCE TO ARTICLE 1.7 AND 5.1.3 OF THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS | |
Arbitral Award Ad hoc arbitration 30-03-2012 STATE CONTRACTS - LONG-TERM CONTRACTS - DEVELOPMENT AGREEMENT - BETWEEN A RUSSIAN LOCAL GOVERNMENT AND A UNITED STATES INVESTOR – REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF THE LAW APPLICABLE TO THE SUBSTANCE OF THE DISPUTE (RUSSIAN LAW) RATE OF INTEREST – REFERENCE TO ART. 7.4.9 UNIDROIT PRINCIPLES IN SUPPORT OF ART. 395 OF THE RUSSIAN CIVIL CODE | |
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 ICC International Court of Arbitration 17768 00-00-2013 LONG-TERM CONTRACTS - CONSTRUCTION CONTRACT - BETWEEN A MALAYSIAN CONTRACTOR AND A SAUDI ARABIAN CLIENT - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT NATIONAL LAW (SAUDI LAW) CLIENT'S FAILURE TO MAKE PAYMENT ON TIME - AMOUNTS TO BREACH OF CONTRACT - CONTRACTOR'S FAILURE TO PERFORM DUE TO CLIENT'S BEHAVIOUR - CLIENT MAY NOT RELY ON CONTRACTOR'S NON-PERFORMANCE TO EXERCISE ITS RIGHT UNDER THE CONTRACT - REFERENCE TO ARTICLES 7.1.2 AND 7.1.3 UNIDROIT PRINCIPLES | |
Arbitral Award Ad hoc arbitration 22-03-2013 STATE CONTRACTS - LONG-TERM CONTRACTS - CONSTRUCTION AND MANAGEMENT CONTRACT - BETWEEN A KUWAITI COMPANY AND THE LIBYAN GOVERNMENT – REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF THE APPLICABLE DOMESTIC LAW (LIBYAN LAW) DAMAGES – FULL COMPENSATION OF HARM SUFFERED – REFERENCE TO ARTICLE 7.4.2 UNIDROIT PRINCIPLES DAMAGES – PRINCIPLE OF CERTAINTY OF HARM - REFERENCE TO ARTICLE 7.4.3 UNIDROIT PRINCIPLES | |
Arbitral Award Centro de Arbitraje y Conciliación Mercantil de la Cámara de Comercio de Bogotá 20-05-2015 ADMINISTRATIVE CONTRACTS - LONG-TERM CONTRACTS - CONSTRUCTION CONTRACT - BETWEEN A COLOMBIAN COMPANY AND A COLOMBIAN CORPORATION - USE OF UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING APPLICABLE DOMESTIC LAW (COLOMBIAN LAW) IMPLIED OBLIGATIONS – REFERENCE TO ARTS. 5.1.1 AND 5.1.2 UNIDROIT PRINCIPLES - VIOLATION - REDUCTION OF THE AMOUNT OF DAMAGES DUE | |
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) | |
Arbitral Award Chinese European Arbitration Centre (CEAC) 30-04-2018 LONG-TERM CONTRACTS - EXCLUSIVE AGENCY CONTRACT - BETWEEN A CHINESE COMPANY (AGENT) AND A GERMAN COMPANY (PRINCIPAL) - PARTIES' CHOICE OF THE UNIDROIT PRINCIPLES 2016 AS THE LAW GOVERNING THEIR CONTRACT VIOLATION OF THE EXCLUSIVITY CLAUSE BY THE PRINCIPAL - BREACH OF CONTRACT - AGENT ENTITLED TO DAMAGES ACCORDING TO ART. 7.4.1 UNIDROIT PRINCIPLES - REFERENCE BY THE ARBITRAL TRIBUNAL ALSO TO ARTS. 7.4.2 AND 7.4.3 UNIDROIT IN ORDER TO DETERMINE THE AMOUNT OF SUCH DAMAGES | |
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 | |
Arbitral Award ICC International Court of Arbitration 19869 04-02-2020 STATE CONTRACTS - LONG-TERM CONTRACTS - EXPLORATION AND EXPLOITATION AGREEMENT - BETWEEN THE REPUBLIC OF YEMEN AND A GROUP OF COMPANIES BASED IN DIFFERENT STATES (YEMEN, LEBANON, UNITED STATES AND CARRIBEAN ISLANDS) - CHOICE OF LAW CLAUSE IN FAVOUR OF "PRINCIPLES OF LAW COMMON TO THE YEMEN, CANADA AND LEBANON AND IN THE ABSENCE OF SUCH COMMON PRINCIPLES THEN IN CONFORMITY WITH THE PRINCIPLES OF LAW NORMALLY RECOGNIZED BY NATIONS IN GENERAL, INCLUDING THOSE WHICH HAVE BEEN APPLIED BY INTERNATIONAL TRIBUNALS" - REFERENCE BY THE ARBITRAL TRIIBUNAL TO THE UNIDROIT PRINCIPLES GIVEN THE LACK OF UNIFORMITY BETWEEN YEMENI, CANADIAN AND LEBANESE LAW. LIMITATION OF THE RIGHT TO ACTION - NUMEROUS CLAIMS TIME-BARRED IN ACCORDANCE WITH THE LIMITATION PERIODS UNDER ARTICLE 10.2 OF THE UNIDROIT PRINCIPLES REQUEST FOR SPECIFIC PERFORMANCE BY CLAIMANT - REFERENCE BY CLAIMANT TO ART. 7.2.2 UNIDROIT PRINCIPLES WHICH RECOGNIZE SPECIFIC PERFORMANCE AND DAMAGES AS TWO TYPES OF REMEDIES PRINCIPALLY AVAILABLE TO AN AGGRIEVED PARTY - RESPONDENTS BY REFERRING TO THE UNIDROIT PRINCIPLES OBJECTED THAT, IF A CONTRACT IS VOID, THE PROBLEM OF ENFORCEABILITY OF THE PERFORMANCE CANNOT ARISE (COMMENT 3 TO ART. 7.2.2) ARBITRAL TRIBUNAL AFFIRMING THAT UNDER THE APPLICABLE LAW (ARTS. 7.3.5, 7.4.1, 7.4.2 AND 7.4.3 UNIDROIT PRINCIPLES) (I) CLAIMANT'S DAMAGES CLAIMS WERE NOT TIME BARRED AND (II) THE AGGRIEVED PARTY HAD A RIGHT TO FULL COMPENSATION, INCLUDING FUTURE HARM IF CERTAIN CALCULATION OF THE APPLICABLE INTEREST RATE – REFERENCE BY THE ARBITRAL TRIBUNAL TO ARTS. 7.4.9 AND 7.4.10 UNIDROIT PRINCIPLES - AVERAGE BANK SHORT-TERM LENDING RATE TO PRIME BORROWERS PREVAILING FOR THE CURRENCY OF PAYMENT AT THE PLACE FOR PAYMENT - WHERE NO SUCH RATE EXISTS AT THAT PLACE, THE SAME RATE IN THE STATE OF THE CURRENCY OF PAYMENT | |
Arbitral Award Ad hoc Arbitration - Preliminary Award 25-05-2020 LONG-TERM CONTRACTS - LEASE CONTRACT - BETWEEN SOME MALAYSIAN INDIVIDUALS AND THE MALAYSIAN GOVERNMENT - CONTRACT SILENT AS TO THE APPLICABLE LAW - ARBITRAL TRIBUNAL APPLIED THE UNIDROIT PRINCIPLES AS THE MOST APPROPRIATE RULES DEFINED AS "GENERALLY ACCEPTED PRINCIPLES AND RULES OF INTERNATIONAL COMMERCIAL LAW", WHOSE APPLICATION MAY AVOID OR, AT LEAST, CONSIDERABLY REDUCE THE UNCERTAINTY ACCOMPANYING VAGUE CONCEPTS FOR THE DETERMINATION OR TERMS SUCH AS «GENERAL PRINCIPLES OF LAW» OR «USAGES AND CUSTOMS OF INTERNATIONAL TRADE» | |
Arbitral Award Ad hoc Arbitration 28-02-2022 LONG-TERM CONTRACTS - LEASE CONTRACT - BETWEEN SOME MALAYSIAN INDIVIDUALS AND THE MALAYSIAN GOVERNMENT - CONTRACT SILENT AS TO THE APPLICABLE LAW - ARBITRAL TRIBUNAL APPLIED THE UNIDROIT PRINCIPLES AS THE MOST APPROPRIATE RULES DEFINED AS "GENERALLY ACCEPTED PRINCIPLES AND RULES OF INTERNATIONAL COMMERCIAL LAW" CONTRACT INTERPRETATION - COMMERCIAL NATURE OF THE TRANSACTION - METHOD OF CONCLUSION OF THE AGREEMENT - REFERENCE TO ARTS. 2.1.1 AND 2.1.6(3) UNIDROIT PRINCIPLES LEASE AGREEMENT - FAILURE TO PAY THE ANNUAL RENTAL - AMOUNTS TO A CONTRACTUAL NON-PERFORMANCE UNDER ART. 7.1.1 UNIDROIT PRINCIPLES - CONSEQUENT TERMINATION OF THE AGREEMENT PURSUANT TO ART. 7.3.1(1) UNIDROIT PRINCIPLES LEASE AGREEMENT - LONG-TERM CONTRACT (ART. 1.11 UNIDROIT PRINCIPLES) - LESSOR ENTITLED TO RESTITUTION IN KIND OF THE RIGHTS OF EXPLOITATION OF THE NATURAL RESOURCES OF THE LEASED TERRITORY - RESTITUTION IN KIND NOT POSSIBLE - LESSOR'S RIGHT TO AN ALLOWANCE IN MONEY CALCULATION OF DAMAGES IN CASE OF NON-PERFORMANCE - PERCENTAGE OF THE ECONOMIC BENEFITS OBTAINED BY THE LESSE AFTER TERMINATION OF THE CONTRACT - REFERENCE TO ART. 7.4.11 UNIDROIT PRINCIPLES FUTURE DAMAGES - EXCLUDED IF THEY CANNOT BE PRECISELY QUANTIFIED - REFERENCE TO ART. 7.4.3 UNIDROIT PRINCIPLES RIGHT TO DAMAGES FOR SEVERAL PARTIES - ARBITRAL TRIBUNAL CAN AWARD THE FULL AMOUNT TO ALL CLAIMANTS,AND THEREAFTER CLAIMANTS DISTRIBUTED IT AMONG THEMSELVES. | |
Arbitral Award Permanent Court of Arbitration 24-05-2022 STATE CONTRACTS - LONG-TERM CONTRACTS - EXPLORATION AND EXPLOITATION AGREEMENT - BETWEEN A SINGAPOREAN OIL COMPANY AND THE ECUADORIAN GOVERNMENT – REFERENCE BY BOTH PARTIES TO UNIDROIT PRINCIPLES IN ORDER TO SUPPORT APPLICABLE LAW (ECUADORIAN LAW) INTERPRETATION OF THE ARBITRATION CLAUSE - IN ACCORDANCE WITH ECUADORIAN LAW - THE MAIN RULES FOR THE INTERPRETATION OF THE ARBITRATION AGREEMENT ARE THAT CONTAINED IN ARTS. 1576, 1579, 1580, 1578 AND 1582 OF THE ECUADOR CIVIL CODE, WHICH ARE CONSISTENT RESPECTIVELY WITH ARTS. 4.1, 4.3, 4.4, 4.5 AND 4.6 OF THE UNIDROIT PRINCIPLES NOTION OF FORESEEABLE NON-PERFORMANCE – CLAIMANT'S REFERENCE TO THE LATIN AMERICAN PRINCIPLES OF CONTRACT LAW, THE CISG AND THE UNIDROIT PRINCIPLES (ART. 7.3.1) DUTY OF GOOD FAITH IN A CONTRACTUAL RELATIONSHIP - REQUIRES A POSITIVE ATTITUDE OF LOYALTY BETWEEN THE PARTIES - CLAIMANT'S REFERENCE TO THE PRINCIPLE OF COHERENCE AND TO ART. 1.8 UNIDROIT PRINCIPLES | |
Arbitral Award London Court of International Arbitration 26-09-2022 LONG-TERM CONTRACTS - STATE CONTRACTS - CONSTRUCTION CONTRACT – BETWEEN A SPANISH CONSORTIUM AND THE MEXICAN FEDERAL ELECTRICITY COMMISSION – GOVERNED BY MEXICAN LAW REFERENCE TO ART. 1.8 UNIDROIT PRINCIPLES IN ORDER TO CONFIRM MEXICAN SCHOLARSHIP AND JURISPRUDENCE (NON VENIRE CONTRA FACTUM PROPRIUM PRINCIPLE) | |
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 | |
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) | |
Australia Supreme Court of New South Wales 16-07-1998 LONG-TERM CONTRACTS - LEASE CONTRACT - BETWEEN AN AUSTRALIAN COMPANY AND THREE AUSTRALIAN CITIZENS - GOVERNED BY AUSTRALIAN LAW CONTRACT PERFORMANCE - IMPLIED DUTY OF GOOD FAITH (ART. 1.7 UNIDROIT PRINCIPLES) | |
Australia Supreme Court of New South Wales 01-10-1999 LONG-TERM CONTRACTS - CONSTRUCTION CONTRACT - BETWEEN TWO AUSTRALIAN COMPANIES - GOVERNED BY AUSTRALIAN LAW AGREEMENT TO NEGOTIATE IN GOOD FAITH - CONTRACT CLAUSE REQUIRING PARTIES TO MAKE DILIGENT EFFORTS TO RESOLVE THEIR DISPUTE - ENFORCEABLE - REFERENCE BY COURT TO ART. 1.7 UNIDROIT PRINCIPLES | |
Australia Federal Court of Australia 12-02-2003 LONG-TERM CONTRACTS - ADMINISTRATIVE CONTRACTS - SOFTWARE DEVELOPMENT AGREEMENT - BETWEEN THE COMMONWEALTH OF AUSTRALIA AND TWO AUSTRALIAN SOFTWARE COMPANIES - GOVERNED BY AUSTRALIAN LAW - REFERENCE TO THE UNIDROIT PRINCIPLES AS A MEANS TO INTERPRET AND SUPPLEMENT APPLICABLE DOMESTIC LAW NO ORAL MODIFICATION CLAUSE - EFFECTIVENESS - EXCEPTION IN CASE OF ESTOPPEL (REFERENCE BY COURT TO ART. 2.18 [ART. 2.1.18 OF THE 2004 EDITION] OF THE UNIDROIT PRINCIPLES) CONTRACT FOR DEVELOPMENT OF SOFTWARE - CONTRACT PROVIDES FOR PAYMENTS TO BE MADE IN AGREED INSTALMENTS THROUGHOUT THE DURATION OF THE WORK - INSTALMENTS NOT CONDITIONAL ON COMPLETION OF WORK (REFERENCE BY COURT TO ART. 6.1.4, COMMENT 2, OF UNIDROIT PRINCIPLES) DUTY OF GOOD FAITH AND FAIR DEALING - IMPLIED TERM OF ALL CONTRACTS -ENTIRE AGREEMENT CLAUSE NOT SUFFICIENT TO PRECLUDE SUCH IMPLICATION (REFERENCE BY COURT TO ART. 1.7 OF THE UNIDROIT PRINCIPLES; ART. 1.201 OF THE PRINCIPLES OF EUROPEAN CONTRACT LAW) | |
Australia Supreme Court of New South Wales - Court of Appeal 11-06-2004 LONG-TERM CONTRACTS - CONSTRUCTION CONTRACT - BETWEEN TWO AUSTRALIAN PARTIES - SUBJECT TO AUSTRALIAN LAW - CONTRACT PROVIDES FOR PAYMENTS TO BE MADE IN AGREED INSTALMENTS THROUGHOUT THE DURATION OF THE WORK - INSTALMENTS NOT CONDITIONAL ON COMPLETION OF WORK - REFERENCE BY COURT TO ART. 6.1.4, COMMENT 2, OF UNIDROIT PRINCIPLES. | |
Australia High Court of Australia 13-12-2007 ADMINISTRATIVE CONTRACTS - LONG-TERM CONTRACTS - JOINT-VENTURE AGREEMENT - BETWEEN AN AUSTRALIAN LAND COUNCIL AND AN AUSTRALIAN COMPANY UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING DOMESTIC LAW (AUSTRALIAN LAW) RIGHT TO TERMINATE A CONTRACT FOR BREACH - DOCTRINE OF "INTERMEDIATE" TERMS - TO BE REJECTED - REFERENCE AMONG OTHERS TO CISG AND THE UNIDROIT PRINCIPLES (ARTICLES 7.3.1 AND 7.3.3) | |
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 | |
Brazil Tribunal de Contas da União 07-12-2011 LONG-TERM CONTRACTS - CONSTRUCTION CONTRACT - BETWEEN A BRAZILIAN OIL COMPANY AND FOREIGN COMPANIES HARDSHIP - ARTICLES 6.2.1 TO 6.2.2 UNIDROIT PRINCIPLES EXPRESSION OF LEX MERCATORIA HARDSHIP - SUBSTANTIAL APPRECIATION OF A PARTICULAR NATIONAL CURRENCY (BRAZILIAN REAL) VIS-A-VIS ANOTHER NATIONAL CURRENCY (U.S. DOLLAR) - EVENT FORESEEABLE AT TIME OF CONCLUSION OF CONTRACT - HARDSHIP EXCLUDED | |
Canada Superior Court, Province of Quebec, District of Montreal 22-08-2005 LONG-TERM CONTRACTS - SHAREHOLDERS AGREEMENT - BETWEEN CANADIAN PARTIES - REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF SOLUTION ADOPTED ON THE BASIS OF THE APPLICABLE DOMESTIC LAW (QUEBEC LAW) DUTY OF LOYALTY AND GOOD FAITH OF EMPLOYEES TOWARDS THEIR EMPLOYER EVEN AFTER TERMINATION OF THEIR EMPLOYMENT CONTRACT - CANNOT BE EXCLUDED BY AGREEMENT - REFERENCE TO ARTICLE 1.7(2) UNIDROIT PRINCIPLES | |
Canada Cour d'Appel, Province de Québec, District of Montreal 16-05-2014 LONG-TERM CONTRACTS - CONSTRUCTION CONTRACT - BETWEEN A CANADIAN COMPANY AND A UNITED STATES COMPANY – REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF SOLUTION FOUND UNDER THE APPLICABLE DOMESTIC LAW (QUEBEC LAW) INCONSISTENT BEHAVIOR – DUTY OF CO-OPERATION - UNEXPECTED DIFFICULTIES ENCOUNTERED BY CONTRACTOR IN COURSE OF PERFORMANCE DUE TO INCONSISTENT BEHAVIOR AND LACK OF CO-OPERATION BY PURCHASER – PURCHASER LIABLE FOR ADDITIONAL COSTS CAUSED TO CONTRACTOR – REFERENCE TO ARTICLE 1.7, 1.8 AND 5.1.3 UNIDROIT PRINCIPLES IN SUPPORT OF SAME CONCLUSION REACHED ON THE BASIS OF GENERAL PRINCIPLE OF GOOD FAITH LAID DOWN IN CIVIL CODE OF QUEBEC | |
Canada Cour d'Appel du Québec (Montréal) 08-08-2016 LONG-TERM CONTRACTS - ENERGY SUPPLY CONTRACT - BETWEEN TWO CANADIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT THE APPLICABLE DOMESTIC LAW (QUEBEC LAW) CONTRAT D'ENERGIE - PRICE OF ELECTRICITY TO BE SUPPLIED FIXED FOR THE ENTIRE DURATION OF CONTRACT - SUPERVENING CHANGES ON ENERGY MARKET BENEFITING CUSTOMER - SUPPLIER INVOKING HARDSHIP - RIGHT TO ASK RENEGOTIATION DENIED - REFERENCE TO ARTICLES 6.2.2 AND 6.2.3 AS WELL AS TO ILLUSTRATION 2 IN COMMENTS TO ARTICLE 6.2.2 OF UNIDROIT PRINCIPLES IN SUPPORT OF SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW | |
Canada Supreme Court of Canada 20-01-2018 LONG-TERM CONTRACTS - ENERGY SUPPLY CONTRACT - BETWEEN TWO CANADIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT THE APPLICABLE DOMESTIC LAW (QUEBEC LAW) CONTRAT D'ENERGIE - PRICE OF ELECTRICITY TO BE SUPPLIED FIXED FOR THE ENTIRE DURATION OF CONTRACT - SUPERVENING CHANGES ON ENERGY MARKET BENEFITING CUSTOMER - SUPPLIER INVOKING HARDSHIP - RIGHT TO ASK RENEGOTIATION DENIED - REFERENCE TO ARTICLES 6.2.2 OF UNIDROIT PRINCIPLES IN SUPPORT OF SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW | |
China Supreme People’s Court 00-00-0000 LONG-TERM CONTRACTS - LAND USE CONTRACT - BETWEEN A CHINESE BANK AND A CHINESE VILLAGE COMMITTEE - GOVERNED BY CHINESE LAW "COMMENTS" BY A CHINESE JUDGE ON COURT DECISIONS - NOT LEGALLY BINDING - TERMINATION OF CONTRACT FOR SUBSTANTIAL CHANGE OF CIRCUMSTANCES - REFERENCE TO ARTICLE ON HARDSHIP IN UNIDROIT PRINCIPLES 2004. | |
China Henan Luoyang Jianxi District People’s Court 00-00-2002 LONG-TERM CONTRACTS - LEASE CONTRACT - BETWEEN TWO CHINESE COMPANIES - GOVERNED BY CHINESE LAW "COMMENTS" BY CHINESE JUDGES ON THEIR DECISIONS - NOT LEGALLY BINDING - DECISION AWARDING DAMAGES FOR FUNDAMENTAL BREACH - REFERENCE TO UNIDROIT PRINCIPLES, CISG AND PRINCIPLES OF EUROPEAN CONTRACT LAW IN A "COMMENT" WRITTEN BY MEMBERS OF THE COURT | |
China Shenzhen Intermediate People's Court; Guangdong High People's Court 00-00-2005 LONG-TERM CONTRACTS - TECHNOLOGY DEVELOPMENT AGREEMENT - BETWEEN TWO CHINESE COMPANIES - GOVERNED BY CHINESE LAW "COMMENTS" BY CHINESE JUDGES ON THEIR DECISIONS - NOT LEGALLY BINDING - DECISION AWARDING DAMAGES FOR FUNDAMENTAL BREACH - REFERENCE TO ARTICLE 7.3.1 UNIDROIT PRINCIPLES 2004 AND ARTICLE 25 CISG IN A "COMMENT" WRITTEN BY MEMBERS OF THE COURT OF FIRST INSTANCE | |
China Shaoguan Intermediate People’s Court 28-04-2005 LONG-TERM CONTRACTS - LEASE CONTRACT - BETWEEN TWO CHINESE COMPANIES - GOVERNED BY CHINESE LAW - CONTRACT TERMINATED ON ACCOUNT OF HARDSHIP - REFERENCE TO RELEVANT PROVISIONS OF UNIDROIT PRINCIPLES | |
China Beijing Haidian District People’s Court 20-06-2005 LONG-TERM CONTRACTS - SALES AGENCY CONTRACT - BETWEEN TWO CHINESE COMPANIES - GOVERNED BY CHINESE LAW "COMMENTS" BY CHINESE JUDGES ON THEIR DECISIONS - NOT LEGALLY BINDING - AVOIDANCE OF THE AGREEMENT FOR FRAUD - REFERENCE IN THE COMMENTS TO ARTICLE 3.11 OF THE UNIDROIT PRINCIPLES | |
Colombia Corte Suprema de Justicia 30-08-2011 LONG-TERM CONTRACTS - TRANSPORT CONTRACT - BETWEEN TWO COLOMBIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING AND SUPPLEMENTING APPLICABLE DOMESTIC LAW (COLOMBIAN LAW) CONTRACT FOR AN INDEFINITE PERIOD OF TIME - UNILATERAL TERMINATION BY ONE PARTY - ADMISSIBLE EVEN IN THE ABSENCE OF A SPECIFIC PROVISION IN THE COLOMBIAN CIVIL CODE - REFERENCE TO ARTICLES FROM 49 TO 64 CISG AND ARTICLES 7.3.1(1), 7.3.3, 7.3.2(1) UNIDROIT PRINCIPLES | |
Colombia Corte Suprema de Justicia 21-02-2012 LONG-TERM CONTRACTS - LOAN AGREEMENT - BETWEEN COLOMBIAN INDIVIDUALS AND A COLOMBIAN BANK - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (COLOMBIAN LAW) UNIDROIT PRINCIPLES AS EXPRESSION OF LEX MERCATORIA - CAN BE CHOSEN BY PARTIES AS THE LAW GOVERNING THE CONTRACT HARDSHIP - REFERENCE TO ARTICLE 6.2.1 AND 6.2.2 OF UNDROIT PRINCIPLES IN SUPPORT OF SIMILAR PROVISIONS OF COLOMBIAN LAW | |
Costa Rica Sala Primera de la Corte Suprema de Justicia, San José 17-06-2004 LONG-TERM CONTRACTS - CONSTRUCTION AND MAINTENANCE CONTRACT - PLURALITY OF PARTIES OF DIFFERENT NATIONALITIES (ITALIAN, DUTCH, FRENCH) UNIDROIT PRINCIPLES IN SUPPORT OF THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (COSTA RICAN LAW) BREACH OF CONTRACT - REMEDIES - REFERENCE TO UNIDROIT PRINCIPLES IN SUPPORT OF ARTICLE 425 OF THE COMMERCIAL CODE AND TO ARTICLE 692 OF THE CIVIL CODE OF COSTA RICA | |
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 | |
France Cour d'Appel de Paris 23-06-2020 LONG-TERM CONTRACTS - FRANCHISE DEVELOPMENT AGREEMENT - BETWEEN A LEBANESE COMPANY AND A KUWAITI COMPANY - CHOICE OF LAW CLAUSE IN FAVOUR OF ENGLISH LAW - ARBITRATION CLAUSE REFERRING TO "PRINCIPLES OF LAW GENERALLY RECOGNIZED IN INTERNATIONAL TRANSACTIONS" - APPLICATION BY ARBITRAL TRIBUNAL OF THE UNIDROIT PRINCIPLES CONSIDERED AS AN EXPRESSION OF THOSE PRINCIPLES - NO VIOLATION OF THE ARBITRATION MANDATE | |
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) 29-07-2008 STATE CONTRACTS - LONG-TERM CONTRACTS - CONSTRUCTION CONTRACT - BETWEEN A CONGOLESE COMPANY CONTROLLED BY A UNITED STATES COMPANY AND THE CONGOLESE GOVERNMENT - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET NATIONAL LAW (CONGOLESE LAW) DISPUTE OVER THE LATTER'S FAILURE TO PAY THE FULL AMOUNT OF THE PRICE OF A CONSTRUCTION CONTRACT ENTERED INTO WITH THE FORMER JURISDICTION OF ICSID ARBITRAL TRIBUNAL CHALLENGED ON THE GROUND THAT NO CONTRACT HAD EVER BEEN CONCLUDED OR HAD NOT BEEN CONCLUDED IN WRITING - OBJECTION REJECTED - REFERENCE TO ARTICLES 2.1.1 AND 1.2 OF UNIDROIT PRINCIPLES 2004 JURISDICTION OF ICSID ARBITRAL TRIBUNAL CHALLENGED ON THE GROUND THAT DISPUTE HAD ARISEN WHEN COMPANY WAS NOT YET CONTROLLED BY A US NATIONAL - OBJECTION ACCEPTED - MERE NON-PERFORMANCE AS DEFINED IN ARTICLE 7.1.1 OF UNIDROIT PRINCIPLES 2004 AMOUNTS TO DISPUTE DISSENTING OPINION BY ONE OF THE ARBITRATORS - DECISION IF AND WHEN TO TRANSFORM OBLIGOR'S FAILURE TO PERFORM INTO DISPUTE UP TO OBLIGEE - REFERENCE TO ARTICLES 7.1.4 AND 7.1.5(1) OF UNIDROIT PRINCIPLES 2004 | |
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) 30-07-2010 STATE CONTRACTS - LONG-TERM CONTRACTS - CONCESSION CONTRACT - BETWEEN FRENCH AND SPANISH INVESTORS AND THE ARGENTINIAN GOVERNMENT - DUE TO ARGENTINA'S FINANCIAL CRISIS ARGENTINIAN AUTHORITIES ADOPTED A SERIES OF MEASURES NEGATIVELY AFFECTING PROFITABILITY OF FOREIGN INVESTORS' INVESTMENT - ALLEGED VIOLATION BY ARGENTINA OF BILATERAL INVESTMENT TREATIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET NATIONAL LAW (ARGENTINIAN LAW) RESPONDENT INVOKING FORCE MAJEURE AS EXCUSE FOR VIOLATION OF BIT - OBJECTION REJECTED ON THE GROUND THAT RESPONDENT WAS PARTLY RESPONSIBLE FOR ITS FINANCIAL CRISIS REQUEST FOR RE-NEGOTIATION OF TERMS OF CONCESSION - IN ACCORDANCE WITH INTERNATIONAL STANDARDS IMPOSING IN LONG-TERM CONTRACTS IN THE EVENT OF HARDSHIP AN OBLIGATION TO NEGOTIATE CONTRACT ADAPTATION - REFERENCE TO ARTICLE 6:111 PRINCIPLES OF EUROPEAN CONTRACT LAW AND ARTICLES 6.2.2 AND 6.2.3 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 | |
Israel Jerusalem District Court 00-00-2014 LONG-TERM CONTRACTS - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET AND SUPPLEMENT APPLICABLE DOMESTIC LAW (ISRAELI LAW) CONTRACT FOR INDEFINITE PERIOD - RIGHT OF EITHER PARTY TO TERMINATE BY GIVING NOTICE A REASONABLE TIME IN ADVANCE - REFERENCE TO ARTICLE 5.1.8 UNIDROIT PRINCIPLES | |
Italy Tribunale Bergamo 19-04-2006 LONG-TERM CONTRACTS - BILLBOARD LEASE CONTRACT - BETWEEN TWO ITALIAN COMPANIES REFERENCE TO THE UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING THE APPLICABLE DOMESTIC LAW (ITALIAN LAW) CONTRACT INFRINGING MANDATORY RULE OF THE APPLICABLE LAW - A PARTY'S CLAIM FOR RESTITUTION OF PERFORMANCE RENDERED DEPENDENT ON THAT PARTY'S POSSIBILITY OF MAKING RESTITUTION IN KIND OF THE OTHER PARTY'S PERFORMANCE RECEIVED (GENERIC REFERENCE TO UNIDROIT PRINCIPLES AND REFERENCE TO ARTICLE 81(a) CISG) | |
Italy Tribunale Catania 06-02-2009 LONG-TERM CONTRACTS - CONSTRUCTION CONTRACT - BETWEEN TWO ITALIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING APPLICABLE DOMESTIC LAW (ITALIAN LAW) CONTRACT TERMINATION - RESTITUTION OF PERFORMANCES RENDERED - ALLOWANCE OF MONEY IF RESTITUTION IN KIND IMPOSSIBLE OR INAPPROPRIATE - REFERENCE TO ARTICLE 7.3.6(1)[ART. 7.3.6(2) OF THE 2010 EDITION] UNIDROIT PRINCIPLES | |
Italy T.A.R. Molise 17-05-2017 ADMINISTRATIVE CONTRACTS - LONG-TERM CONTRACTS - CONSTRUCTION CONTRACT - BETWEEN AN ITALIAN COMPANY AND AN ITALIAN LOCAL AUTHORITY - USE OF UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING APPLICABLE DOMESTIC LAW (ITALIAN LAW) DUTY TO RENEGOTIATE IN GOOD FAITH - APPLICABLE ALSO TO PUBLIC AUTHORITY - WHENEVER A CHANGE IN THE FACTUAL CIRCUMSTANCES RENDERS THE CONTRACT UNBALANCED - REFERENCE TO UNIDROIT PRINCIPLES TOGETHER WITH PRINCIPLES OF EUROPEAN CONTRACT LAW AND GANDOLFI CONTRACT CODE | |
Italy T.A.R. Lombardia 23-07-2019 ADMINISTRATIVE CONTRACTS - LONG-TERM CONTRACTS - CONSTRUCTION CONTRACT - BETWEEN AN ITALIAN COMPANY AND AN ITALIAN LOCAL AUTHORITY - USE OF UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING APPLICABLE DOMESTIC LAW (ITALIAN LAW) DUTY TO RENEGOTIATE IN GOOD FAITH - APPLICABLE ALSO TO PUBLIC AUTHORITY - REFERENCE TO UNIDROIT PRINCIPLES TOGETHER WITH PRINCIPLES OF EUROPEAN CONTRACT LAW | |
Lithuania Supreme Court of Lithuania 31-05-2011 LONG-TERM CONTRACTS - LEASE CONTRACT - BETWEEN TWO LITHUANIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES TO CONFIRM THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (LITHUANIAN LAW) HARDSHIP - PRESUPPOSES FUNDAMENTAL ALTERATION OF CONTRACTUAL AGREEMENT - ARTICLE 6.204 OF THE LITHUANIAN CIVIL CODE INTERPRETED IN ACCORDANCE WITH ARTICLES 6.2.1, 6.2.2, 6.2.3 OF THE UNIDROIT PRINCIPLES HARDSHIP - ECONOMIC CRISIS - DECREASED NUMBER OF TOURISTS, INCREASED VAT AND CHANGED MARKET PRICES FOR A RENT WAS CONSIDERED SUFFICIENT REASON FOR CHANGING (REDUCING) THE CONTRACT PRICE | |
Lithuania Supreme Court of Lithuania 07-03-2012 LONG-TERM CONTRACTS - ENERGY SUPPLY CONTRACT - BETWEEN TWO LITHUANIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES TO CONFIRM THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (LITHUANIAN LAW). CONTRACT FOR AN INDEFINITE PERIOD - REASONABLE TIME FOR A NOTICE OF TERMINATION - REFERENCE TO ARTICLE 6.199 OF THE LITHUANIAN CIVIL CODE AND TO ARTICLE 5.1.8 OF THE UNIDROIT PRINCIPLES | |
Lithuania Supreme Court of Lithuania 26-06-2012 LONG-TERM CONTRACTS - LOAN AGREEMENT - BETWEEN A LITHUANIAN INDIVIDUAL AND A SCANDINAVIAN BANK - REFERENCE TO UNIDROIT PRINCIPLES TO CONFIRM THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (LITHUANIAN LAW) HARDSHIP - REQUEST FOR RENEGOTIATION OF THE CONTRACT TO BE MADE "WITHOUT UNDUE DELAY" - ARTICLE 6.204 OF THE LITHUANIAN CIVIL CODE INTERPRETED IN ACCORDANCE WITH ARTICLES 6.2.1, 6.2.2, 6.2.3 OF THE UNIDROIT PRINCIPLES HARDSHIP - THE REQUEST FOR RENEGOTIATION OF ONE PARTY DOES NOT PREVENT THE OTHER PARTY FROM TERMINATING THE CONTRACT FOR NON-PERFORMANCE | |
Lithuania Supreme Court of Lithuania 13-11-2013 LONG-TERM CONTRACTS - LOAN AGREEMENT - BETWEEN TWO LITHUANIAN INDIVIDUALS AND A LITHUANIAN BANK - REFERENCE TO UNIDROIT PRINCIPLES TO CONFIRM THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (LITHUANIAN LAW) HARDSHIP - PRESUPPOSES SUPERVENING FUNDAMENTAL ALTERATION OF CONTRACTUAL EQUILIBRIUM - REFERENCE TO ART. 6.204 OF THE LITHUANIAN CIVIL CODE AND TO ARTS. 6.2.2 AND 6.2.3 OF THE UNIDROIT PRINCIPLES | |
Lithuania Supreme Court of Lithuania 28-11-2014 LONG-TERM CONTRACTS - CONSTRUCTION CONTRACT - BETWEEN TWO LITHUANIAN PARTIES - REFERENCE TO UNIDROIT PRINCIPLES TO CONFIRM THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (LITHUANIAN LAW). HARDSHIP - PRESUPPOSES FUNDAMENTAL ALTERATION OF CONTRACTUAL AGREEMENT - ARTICLE 6.204 OF THE LITHUANIAN CIVIL CODE INTERPRETED IN ACCORDANCE WITH ARTICLES 6.2.1, 6.2.2 OF THE UNIDROIT PRINCIPLES HARDSHIP - INSOLVENCY OF ONE PARTY - ADAPTATION OF CONTRACT JUSTIFIED ONLY IF INSOLVENCY CAUSES FUNDAMENTAL INCREASE OF THE COST OF INSOLVENT PARTY'S PERFORMANCE OR DECREASE IN VALUE OF OTHER PARTY'S COUNTER-PERFORMANCE | |
Netherlands Hoge Raad 24-04-2009 STATE CONTRACTS - LONG-TERM CONTRACTS - MILITARY EQUIPMENT SUPPLY CONTRACT - BETWEEN AN ENGLISH COMPANY AND THE IRANIAN MINISTRY OF DEFENCE - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET CONTRACT CLAUSE TERMINATION - CONTRACTS TO BE PERFORMED OVER A PERIOD OF TIME - TERMINATION NOT AFFECTING PARTS ALREADY PERFORMED (ARTICLE 7.3.6 (2) [ART. 7.3.7 OF THE 2010 EDITION] UNIDROIT PRINCIPLES) | |
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 | |
New Zealand Supreme Court of New Zealand 10-02-2010 LONG-TERM CONTRACTS - GAS SUPPLY CONTRACT - BETWEEN TWO NEW ZEALAND COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING APPLICABLE DOMESTIC LAW (NEW ZEALAND LAW) CONTRACT INTERPRETATION - ADMISSIBILITY OF EXTRINSIC EVIDENCE AND IN PARTICULAR OF PRE-CONTRACTUAL NEGOTIATIONS FOR INTERPRETATION OF WRITTEN CONTRACTS - REFERENCE TO UNIDROIT PRINCIPLES (ART. 4.3) | |
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. | |
Paraguay Tribunal de Apelación en lo Civil y Comercial de Asunción, Sexta Sala 06-10-2016 LONG-TERM CONTRACTS - AGENCY CONTRACT - BETWEEN A PARAGUAYAN INDIVIDUAL AND A PARAGUAYAN COMPANY - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING OR SUPPLEMENTING APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) CONCLUSION OF AN ORAL CONTRACT - BURDEN OF PROOF - NO PARTICULAR FORM REQUIRED - REFERENCE TO ART. 1.2 UNIDROIT PRINCIPLES IN ORDER TO CONFIRM THE PRINCIPLE OF FREEDOM OF FORM EXPRESSED BY DOMESTIC LAW NOTION OF NON-PERFORMANCE - REFERENCE TO ART: 7.1.1 UNIDROIT PRINCIPLES IN THE ABSENCE OF CLEAR DEFINITION IN THE APPLICABLE LAW ESTABLISHED PRACTICE BETWEEN PARTIES - BINDING CHARACTER - REFERENCE TO ART. 1.9 UNIDROIT PRINCIPLES AND ART. 9 CISG IN THE ABSENCE OF AN EXPRESS PROVISION OF THE APPLICABLE LAW ESTABLISHED PRACTICE BETWEEN PARTIES - SOURCE OF IMPLIED OBLIGATIONS ACCORDING TO ART. 5.1.2 (B) UNIDROIT PRINCIPLES SALES COMMISSION AGREEMENT - REVOCATION OF AUTHORITY BY THE PRINCIPAL - NOT EFFECTIVE UNTIL IT IS MADE KNOWN TO THIRD PARTIES - REFERENCE TO ART. 2.2.10 UNIDROIT PRINCIPLES | |
Paraguay Tribunal de Apelación en lo Civil y Comercial de Asunción, Sexta Sala 04-07-2017 LONG-TERM CONTRACTS - LEASE CONTRACT - BETWEEN TWO PARAGUAYAN PARTIES - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING OR SUPPLEMENTING APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) CONCLUSION OF AN ORAL CONTRACT - BURDEN OF PROOF - NO PARTICULAR FORM REQUIRED - REFERENCE TO ART. 1.2 UNIDROIT PRINCIPLES IN ORDER TO CONFIRM THE PRINCIPLE OF FREEDOM OF FORM EXPRESSED BY DOMESTIC LAW NOTION OF NON-PERFORMANCE - REFERENCE TO ART. 7.1.1 UNIDROIT PRINCIPLES IN THE ABSENCE OF CLEAR DEFINITION IN THE APPLICABLE LAW | |
Paraguay Corte Suprema de Paraguay – Sala Civil y Comercial 06-07-2018 LONG-TERM CONTRACTS - LEASE CONTRACT WITH A PURCHASE OPTION IN FAVOR OF LESSEE – BETWEEN TWO PARAGUAYAN INDIVIDUALS - REFERENCE TO THE UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) EXERCISE OF PURCHASE OPTION - SUBJECT TO CONDITION THAT PAYMENT WAS MADE WITHIN 12 MONTHS FROM THE CONCLUSION OF THE LEASE CONTRACT – PAYMENT IN TIME PREVENTED BY EVASIVE CONDUCT OF THE LESSOR - CONDUCT CONTRARY TO PRINCIPLE OF GOOD FAITH – REFERENCE TO ART. 5.1.3 UNIDROIT PRINCIPLES ON PARTIES´ DUTY TO COOPERATE | |
Paraguay Tribunal de Apelación en lo Civil y Comercial – Primera Sala 22-03-2022 LONG-TERM CONTRACTS - MANAGEMENT CONTRACT - BETWEEN A PARAGUAYAN INDIVIDUAL AND A PARAGUAYAN COMPANY - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING OR SUPPLEMENTING APPLICABLE DOMESTIC LAW (PARAGUAYAN LAW) NOTION OF NON-PERFORMANCE - REFERENCE TO ART. 7.1.1 UNIDROIT PRINCIPLES IN THE ABSENCE OF CLEAR DEFINITION IN THE APPLICABLE LAW | |
Romania Hunedoara County Court 27-05-2016 LONG-TERM CONTRACTS - CONCESSION CONTRACT FOR THE USE OF A LAND – BETWEEN A ROMANIAN PUBLIC AUTHORITY AND A ROMANIAN INDIVIDUAL – UNIDROIT PRINCIPLES IN SUPPORT OF THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (ROMANIAN LAW) AGGRIEVED PARTY’S DUTY TO MITIGATE HARM – REFERENCE TO SPECIFIC ARTICLES OF ROMANIAN CIVIL CODE (2011) WHICH CORRESPOND IN SUBSTANCE TO ART. 7.4.8 UNIDROIT PRINCIPLES AND ART. 77 CISG. | |
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 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 | |
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 | |
Spain Tribunal Supremo (Sala de lo Civil) 04-07-2006 LONG-TERM CONTRACTS - AGENCY CONTRACT - BETWEEN A GERMAN SHIPPING COMPANY AND A SPANISH COMPANY UNIDROIT PRINCIPLES AND PRINCIPLES OF EUROPEAN CONTRACT LAW AS MEANS OF INTERPRETING DOMESTIC LAW (GERMAN LAW) GOOD FAITH - PARAGRAPH 242 OF THE GERMAN CIVIL CODE DIFFERENT FROM ART. 1258 OF THE SPANISH CIVIL CODE - CORRESPONDING IN SUBSTANCE TO ART. 1.7 OF THE UNIDROIT PRINCIPLES AND ART. 1:201 OF THE PRINCIPLES OF EUROPEAN CONTRACT LAW | |
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) | |
Spain Tribunal Supremo 21-12-2007 LONG-TERM CONTRACTS - LEASE CONTRACT - BETWEEN TWO SPANISH INDIVIDUALS - UNIDROIT PRINCIPLES USED AS A MEANS FOR INTERPRETING DOMESTIC LAW (SPANISH LAW) INTERPRETATION OF CONTRACT ACCORDING TO MEANING COMMONLY GIVEN TO TERMS AND EXPRESSIONS IN THE TRADE CONCERNED (ARTICLE 4.3 LIT E)) | |
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) | |
Spain Tribunal Supremo (sala de lo Civil, Sección 1ª) 03-12-2008 LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN TWO SPANISH COMPANIES - GOVERNED BY SPANISH LAW TERMINATION OF CONTRACT FOR FUNDAMENTAL BREACH - NOTION OF "FUNDAMENTAL BREACH" - REFERENCE TO ARTICLE 7.3.1 UNIDROIT PRINCIPLES, ARTICLES 8:101 AND 8:103 PRINCIPLES OF EUROPEAN CONTRACT LAW AND ART. 49(1) CISG BUYER'S FAILURE TO PAY THE PRICE - AMOUNTS TO FUNDAMENTAL BREACH - SELLER ENTITLED TO TERMINATION | |
Spain Tribunal Supremo 17-02-2010 LONG-TERM CONTRACTS - COAL SUPPLY CONTRACT - BETWEEN TWO SPANISH COMPANIES - UNIDROIT PRINCIPLES AS A MEANS OF INTERPRETING THE APPLICABLE DOMESTIC LAW (SPANISH LAW) FUNDAMENTAL NON-PERFORMANCE - REFERENCE TO ARTICLE 7.3.1(2)(A) UNIDROIT PRINCIPLES | |
Spain Tribunal Supremo 02-05-2011 LONG-TERM CONTRACTS - CONSORTIUM AGREEMENT - BETWEEN TWO SPANISH COMPANIES - UNIDROIT PRINCIPLES USED AS A MEANS FOR INTERPRETING DOMESTIC LAW (SPANISH LAW) INTERPRETATION OF CONTRACT ACCORDING TO MEANING COMMONLY GIVEN TO TERMS AND EXPRESSIONS IN THE TRADE CONCERNED (ARTICLE 4.3 LIT E)) | |
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) | |
Spain Audiencia Provincial de Coruña (Sección 4) 18-02-2013 LONG-TERM CONTRACTS - MARKETING AGREEMENT - BETWEEN TWO SPANISH PARTIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (SPANISH LAW) HARDSHIP - CAN BE INVOKED ONLY IN EXCEPTIONAL CASES - REFERENCE TO ARTICLE 6.2.2 UNIDROIT PRINCIPLES HARDSHIP - REQUEST FOR RE-NEGOTIATION OF CONTRACT BY DISADVANTAGED PARTY DOES NOT ENTITLE THAT PARTY TO WITHHOLD PERFORMANCE - REFERENCE TO ARTICLE 6.2.3(2) UNIDROIT PRINCIPLES | |
Spain Tribunal Supremo 30-06-2014 LONG-TERM CONTRACTS - ADVERTISING SPACE LEASE CONTRACT - BETWEEN TWO SPANISH PARTIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (SPANISH LAW) HARDSHIP - REFERENCE TO UNIDROIT PRINCIPLES TO OVERRULE THE PREEXISTING SPANISH LAW ON THE ISSUE HARDSHIP – 2008 SPANISH ECONOMIC CRISIS - MAY RESULT IN A FUNDAMENTAL CHANGE OF CIRCUMSTANCES HARDSHIP - CONTRACT ADAPTATION BY COURT | |
Switzerland Bundesgericht 16-12-2009 LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN A SOUTH AFRICAN COMPANY AND A UNITED STATES COMPANY - CHOICE OF LAW CLAUSE IN FAVOUR OF "DOMESTIC SWISS LAW" - APPLICATION OF CISG EXCLUDED CONTRACT PROVIDING TERMINATION IN CASE OF "MATERIAL BREACH" - CONCEPT OF "MATERIAL BREACH" UNKNOWN IN DOMESTIC SWISS LAW - INTERPRETATION OF THE CONTRACT ACCORDING TO ARTICLE 25 CISG AND ARTICLE 7.3.1 UNIDROIT PRINCIPLES CONTRACT INTERPRETATION UNDER DOMESTIC SWISS LAW - ABSENT A COMMON INTENTION BETWEEN THE PARTIES INTERPRETATION ACCORDING TO UNDERSTANDING OF A REASONABLE PERSON - INTERNATIONAL COMMERCIAL CONTRACTS - CISG AND UNIDROIT PRINCIPLES AS A MEANS OF DETERMINING UNDERSTANDING OF A REASONABLE PERSON | |
Switzerland Bundesgericht 31-01-2012 LONG-TERM CONTRACTS - JOINT-VENTURE AGREEMENT AND SUPPLY CONTRACT - BETWEEN COMPANY X AND A UNITED STATES COMPANY (Z) - SILENT AS TO APPLICABLE LAW SOLE ARBITRATOR ENTITLED TO DECIDE EX AEQUO ET BONO - REFERENCE TO UNIDROIT PRINCIPLES - AWARD ANNULLED ON OTHER GROUNDS RIGHT TO DAMAGES - REFERENCE TO ART. 7.4.1 AND 7.4.2 UNIDROIT PRINCIPLES - NEED FOR A CAUSAL LINK BETWEEN THE NON-PERFORMANCE AND THE HARM | |
Switzerland Bundesgericht 10-02-2021 LONG-TERM CONTRACTS - INTERNATIONAL GAS SUPPLY CONTRACT - SILENT AS TO THE APPLICABLE LAW - REFERENCE BY THE ARBITRAL TRIBUNAL TO THE UNIDROIT PRINCIPLES SUPPLIER’S RIGHT TO WITHHOLD PERFORMANCE IN CASE OF BUYER’S NON-PERFORMANCE - APPLICATION BY THE ARBITRAL TRIBUNAL OF ARTICLE 7.1.3 UNIDROIT PRINCIPLES - ARBITRAL AWARD CONFIRMED BY THE SWISS FEDERAL COURT ALSO IN RELATION TO THE APPLICATION OF THE UNIDROIT PRINCIPLES | |
Switzerland Bundesgericht 11-09-2023 LONG-TERM CONTRACTS - COOPERATION AGREEMENT - BETWEEN AN ITALIAN COMPANY AND A CHINESE COMPANY - GRANTING A TRADEMARK LICENSE AND TRANSFER OF KNOW-HOW IN RELATION TO SOME AIRCRAFT - EXPRESS CHOICE OF THE PARTIES OF THE UNIDROIT PRINCIPLES 2016 AS APPLICABLE LAW | |
Ukraine High Commercial Court of Ukraine 04-03-2008 LONG-TERM CONTRACTS - COOPERATION AGREEMENT - BETWEEN A POLISH COMPANY AND AN UKRAINIAN COMPANY - UKRAINIAN LAW AS GOVERNING LAW - REFERENCE TO THE UNIDROIT PRINCIPLES DEFINED BY COURT AS "GENERAL RULES OF INTERNATIONAL COMMERCIAL CONTRACTS" GENERAL PRINCIPLE OF GOOD FAITH AND FAIR DEALING - REFERENCE TO ARTICLE 1.7 UNIDROIT PRINCIPLES | |
Ukraine Cherkasy Regional Commercial Court 30-11-2009 LONG-TERM CONTRACTS - LEASE CONTRACT - BETWEEN AN UKRAINIAN BANK AND AN UKRAINIAN INDIVIDUAL - UNIDROIT PRINCIPLES APPLIED AS AN EXPRESSION OF INTERNATIONAL TRADE CUSTOM - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (UKRAINIAN LAW) HARDSHIP - TERMINATION OF CONTRACT - REFERENCE TO ART. 6.2.2 UNIDROIT PRINCIPLES AND TO ART. 652 OF THE UKRAINIAN CIVIL CODE | |
Ukraine Kyiv Commercial Court of Appeal 02-02-2010 LONG-TERM CONTRACTS - LEASE CONTRACT - BETWEEN TWO UKRAINIAN COMPANIES - UNIDROIT PRINCIPLES APPLIED AS MEANS FOR INTERPRETING DOMESTIC LAW (UKRAINIAN LAW) HARDSHIP - REFERENCE TO ARTICLE 652 OF THE UKRAINIAN CIVIL CODE AND TO ARTICLE 6.2.2 UNIDROIT PRINCIPLES | |
Ukraine Poltava Regional Commercial Court 22-03-2010 LONG-TERM CONTRACTS - ADMINISTRATIVE CONTRACTS - LEASE CONTRACT - BETWEEN AN UKRAINIAN CITY COUNCIL AND AN UKRAINIAN COMPANY - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET THE APPLICABLE DOMESTIC LAW (UKRAINIAN LAW) HARDSHIP - FUNDAMENTAL CHANGE OF CIRCUMSTANCES - REFERENCE TO ARTICLE 652 OF THE UKRAINIAN CIVIL CODE AND TO ARTICLE 6.2.2. OF THE UNIDROPIT PRINCIPLES | |
Ukraine Rivne Regional Commercial Court 25-04-2012 LONG-TERM CONTRACTS - EASEMENT CONTRACT - BETWEEN TWO UKRAINIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET THE APPLICABLE DOMESTIC LAW (UKRAINIAN LAW). HARDSHIP - FUNDAMENTAL CHANGE OF CIRCUMSTANCES - REFERENCE TO ARTICLE 652 OF THE UKRAINIAN CIVIL CODE AND TO ARTICLE 6.2.2. OF THE UNIDROIT PRINCIPLES AS EXPRESSION OF INTERNATIONAL TRADE USAGES | |
Ukraine Kyiv Commercial Court of Appeal 24-05-2012 LONG-TERM CONTRACTS - EASEMENT CONTRACT - BETWEEN TWO UKRAINIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET APPLICABLE DOMESTIC LAW (UKRAINIAN LAW). HARDSHIP - FUNDAMENTAL CHANGE OF CIRCUMSTANCES - REFERENCE TO ARTICLE 406 AND 652 OF THE UKRAINIAN CIVIL CODE AND TO ARTICLE 6.2.2. OF THE UNIDROPIT PRINCIPLES | |
Ukraine Kyiv Commercial Court 29-05-2012 LONG-TERM CONTRACTS - EASEMENT CONTRACT - BETWEEN TWO UKRAINIAN COMPANIES - REFERENCE TO UNIDROIT PRINCIPLES TO INTERPRET THE APPLICABLE DOMESTIC LAW (UKRAINIAN LAW). HARDSHIP - FUNDAMENTAL CHANGE OF CIRCUMSTANCES - REFERENCE TO ARTICLE 652 OF THE UKRAINIAN CIVIL CODE AND TO ARTICLE 6.2.2. OF THE UNIDROPIT PRINCIPLES AS EXPRESSION OF INTERNATIONAL TRADE CUSTOMS | |
Ukraine Volyn Regional Commercial Court 08-06-2012 LONG-TERM CONTRACTS - GAS SUPPLY CONTRACT - BETWEEN TWO UKRAINIAN COMPANIES - UNIDROIT PRINCIPLES APPLIED AS MEANS OF INTERPRETING DOMESTIC LAW (UKRAINIAN LAW) HARDSHIP - SUBSTANTIAL CHANGE OF CIRCUMSTANCES - REFERENCE TO ARTICLE 652 OF THE UKRAINIAN CIVIL CODE AND TO ARTICLE 6.2.2 UNIDROIT PRINCIPLES | |
Ukraine High Administrative Court of Ukraine 22-04-2013 LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN UKRAINIAN COMPANY AND KAZAKH COMPANY - UKRAINIAN LAW GOVERNING THE CONTRACT - REFERENCE BY PARTIES TO CISG AND UNIDROIT PRINCIPLES FORCE MAJEURE - REFERENCE BY COURT TO CISG AND UNIDROIT PRINCIPLES IN SUPPORT OF SOLUTION ADOPTED UNDER UKRAINIAN LAW | |
Ukraine Kyiv District Administrative Court 01-11-2013 LONG-TERM CONTRACTS - LEASE CONTRACT – BETWEEN AN UKRAINIAN STATE-OWNED COMPANY AND ROMANIAN COMPANY - REFERENCE TO UNIDROIT PRINCIPLES (1994 ED.) IN SUPPORT OF THE SOLUTION ADOPTED UNDER APPLICABLE DOMESTIC LAW (UKRAINIAN LAW) INTERPRETATION OF CONTRACT ACCORDING TO THE INTENTIONS OF THE PARTY AND THE RELEVANT CIRCUMSTANCES - REFERENCE TO ARTICLES 4.1 AND 4.3 OF UNIDROIT PRINCIPLE | |
United Kingdom High Court of Justice (Queen's Bench Division) 04-11-2005 STATE CONTRACTS - LONG-TERM CONTRACTS - JOINT-VENTURE AGREEMENT - BETWEEN A SWEDISH COMPANY AND A LITHUANIAN COMPANY - SIGNED ALSO BY THE LITHUANIAN GOVERNMENT - LITHUANIAN LAW APPLICABLE INTERPRETATION OF THE AGREEMENT - LIBERAL INTERPRETATION IN ACCORDANCE WITH PARTIES’ COMMON INTENTION - RELEVANCE OF PRELIMINARY NEGOTIATIONS - REFERENCE TO ARTICLES 6.193 - 6.195 OF THE LITHUANIAN CIVIL CODE REPEATING ARTICLES 4.1 - 4.6 OF THE UNIDROIT PRINCIPLES | |
United Kingdom Court of Appeal (Civil Division) 17-02-2006 LONG-TERM CONTRACTS - SUPPLY CONTRACT - BETWEEN TWO ENGLISH COMPANIES - CONTRACT INTERPRETATION ACCORDING TO ENGLISH LAW - WRITTEN CONTRACT CONTAINING A MERGER CLAUSE - ADMISSIBILITY OF EXTRINSIC EVIDENCE AND IN PARTICULAR OF PRE-CONTRACTUAL NEGOTIATIONS - REFERENCE TO UNIDROIT PRINCIPLES (ARTS. 4.1-4.3) AND CISG (ART. 8) | |
United Kingdom High Court of Justice, Queen's Bench Division, Commercial Court 13-07-2006 LONG-TERM CONTRACTS - SATELLITE CONTRACT - BETWEEN AN ENGLISH COMPANY AND A NIGERIAN COMPANY - STATING THAT IT WAS GOVERNED BY ENGLISH LAW AND TO BE INTERPRETED IN ACCORDANCE WITH UNIDROIT PRINCIPLES TO THE EXTENT THEY WERE NOT INCONSISTENT WITH THE FORMER CONTRACT INTERPRETATION - COURT HELD THAT CONTRACT "BE CONSTRUED USING THE CONVENTIONAL CANONS OF CONSTRUCTION APPLICABLE TO COMMERCIAL CONTRACTS" WITHOUT EXPRESSLY REFERRING TO THE UNIDROIT PRINCIPLES | |
United Kingdom Court of Appeal (Civil Division) 12-03-2008 LONG-TERM CONTRACTS - CONSTRUCTION CONTRACT - BETWEEN TWO ENGLISH COMPANIES - CONTRACT INTERPRETATION ACCORDING TO ENGLISH LAW - TRADITIONAL RULE THAT EVIDENCE OF PRE-CONTRACTUAL NEGOTIATIONS TO INTERPRET CONTRACT CLAUSE INADMISSIBLE - TO BE APPLIED WITH FLEXIBILITY - REFERENCE TO UNIDROIT PRINCIPLES (ART. 4.3) AND CISG (ART. 8) | |
United Kingdom House of Lords 01-07-2009 LONG-TERM CONTRACTS - CONSTRUCTION CONTRACT - BETWEEN TWO ENGLISH COMPANIES - CONTRACT INTERPRETATION ACCORDING TO ENGLISH LAW - TRADITIONAL RULE THAT EVIDENCE OF PRE-CONTRACTUAL NEGOTIATIONS TO INTERPRET CONTRACT CLAUSE INADMISSIBLE CONFIRMED - DIFFERENT APPROACH INSPIRED BY UNIDROIT PRINCIPLES, PRINCIPLES OF EUROPEAN CONTRACT LAW AND CISG REFLECTING FRENCH PHILOSOPHY OF CONTRACT INTERPRETATION - AS SUCH INCOMPATIBLE WITH ENGLISH LAW | |
United Kingdom Supreme Court 16-05-2018 LONG-TERM CONTRACTS - LICENSING AGREEMENT - BETWEEN TWO ENGLISH COMPANIES - FOR THE USE OF OFFICE SPACE IN LONDON - UNIDROIT PRINCIPLES AS A MEANS FOR INTERPRETING THE APPLICABLE DOMESTIC LAW (ENGLISH LAW) NO ORAL MODIFICATION CLAUSE IN WRITTEN CONTRACT - QUESTION AS TO WHETHER IT PREVENTS PARTIES FROM VALIDLY AGREEING ORALLY ON ANY MODIFICATION OF THE CONTRACT CONTROVERSIAL UNDER ENGLISH LAW - BINDING FORCE NO ORAL MODIFICATION CLAUSE AFFIRMED BY SUPREME COURT WITH REFERENCE, AMONG OTHERS, TO INTERNATIONAL SOURCES SUCH AS THE CISG AND THE UNIDROIT PRINCIPLES | |
United Kingdom Court of Appeal 20-01-2020 LONG-TERM CONTRACTS - FRANCHISE DEVELOPMENT AGREEMENT - BETWEEN A LEBANESE COMPANY AND A KUWAITI COMPANY - ARBITRATION CLAUSE REFERRING TO "PRINCIPLES OF LAW GENERALLY RECOGNIZED IN INTERNATIONAL TRANSACTIONS" - CHOICE OF LAW CLAUSE IN FAVOUR OF ENGLISH LAW - APPLICATION BY ARBITRAL TRIBUNAL OF THE UNIDROIT PRINCIPLES CONSIDERED AS AN EXPRESSION OF THESE PRINCIPLES - USE OF THE UNIDROIT PRINCIPLES FOR INTERPRETING APPLICABLE DOMESTIC LAW (ENGLISH LAW) NO ORAL MODIFICATION CLAUSE IN WRITTEN CONTRACT - QUESTION AS TO WHETHER IT PREVENTS PARTIES FROM VALIDLY AGREEING ORALLY A MODIFICATION OF THE CONTRACT (I.E. ADDING ANOTHER PARTY TO A CONTRACT) - CONTROVERSIAL UNDER ENGLISH LAW - REFERENCE BY THE COURT TO ART. 2.1.18 UNIDROIT PRINCIPLES WHICH EXPRESSES A PRINCIPLE OF LAW SIMILAR TO THAT EXPRESSED BY ENGLISH LAW NO ORAL MODIFICATION CLAUSE IN WRITTEN CONTRACT - REFERENCE TO ART. 2.1.18 OF THE UNIDROIT PRINCIPLES BY ONE OF THE PARTIES - CANNOT CONTRADICT THE EXPRESS PROVISION CONTAINED IN THE CONTRACT | |
United Kingdom Supreme Court 27-10-2021 LONG-TERM CONTRACTS - FRANCHISE DEVELOPMENT AGREEMENT - BETWEEN A LEBANESE COMPANY AND A KUWAITI COMPANY - CHOICE OF LAW CLAUSE IN FAVOUR OF ENGLISH LAW - ARBITRATION CLAUSE REFERRING ALSO TO "PRINCIPLES OF LAW GENERALLY RECOGNIZED IN INTERNATIONAL TRANSACTIONS" REFERENCE BY THE ARBITRAL TRIBUNAL TO THE UNIDROIT PRINCIPLES VALIDITY OF THE ARBITRATION AGREEMENT - APPLICABLE LAW - REFERENCE TO ENGLISH LAW TOGETHER WITH UNIDROIT PRINCIPLES IN THE ARBITRATION CLAUSE - CANNOT LEAD TO THE APPLICATION OF FRENCH LAW UNIDROIT PRINCIPLES AS MEANS TO SUPPLEMENT NATIONAL APPLICABLE LAW - CANNOT SUBSTITUTE PARTIES' CLEAR CHOICE IN FAVOUR OF THE LATTER | |
United Kingdom High Court of Justice, Queen's Bench Division (Commercial Court) 30-03-2022 LONG-TERM CONTRACTS - JOINT-VENTURE AGREEMENT - BETWEEN AN ENGLISH GROUP OF COMPANIES AND A US GROUP OF COMPANIES - FOR THE DESIGN, MANUFACTURE AND SALE OF ORIGINAL ENGINE CONTROLS EQUIPMENT - UNIDROIT PRINCIPLES AS A MEANS FOR INTERPRETING THE APPLICABLE DOMESTIC LAW (ENGLISH LAW) NOVATION BY CONDUCT OF A CALL OPTION IN FAVOUR OF ONE OF THE PARTIES - COUNTERPARTY ESTOPPED FROM CONTENDING THAT THERE WAS NO SUCH NOVATION - CLAIMANT QUOTING UK COURTS' PRECEDENTS REFERRING TO THE UNIDROIT PRINCIPLES IN ORDER TO SANCTION INCONSISTENT BEHAVIOR - COURT AGREEING WITH ITS REASONING | |
USA Administrative Determination; Overseas Private Investment Corp. 08-02-2005 STATE CONTRACTS - LONG-TERM CONTRACTS - LICENSING AGREEMENT - BETWEEN A UNITED STATES INVESTOR AND THE ARGENTINIAN GOVERNMENT ADMINISTRATIVE DETERMINATION BY U.S. GOVERNMENTAL INSURANCE AGENCY ON EXPROPRIATION CLAIM - QUESTION AS TO WHETHER OR NOT A VALID CONTRACT HAD BEEN CONCLUDED BETWEEN UNITED STATES INVESTOR AND THE ARGENTINIAN GOVERNMENT - REFERENCE TO THE TWO CRITERIA SET OUT IN ART. 2.1.1 UNIDROIT PRINCIPLES | |
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
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). |