Application of the CISG Before the Foreign Trade Court of Arbitration at the Serbian Chamber of Commerce - Looking Back at the Latest 100 Cases
J.L. & COM, Vol. 28, No. 1, 2009
62 Pages Posted: 24 Mar 2010
Date Written: November 1, 2009
Abstract
This paper examines arbitration practice of the Foreign Court of Arbitration at the Serbian Chamber of Commerce for the period 2000-2009. Around 100 cases dealing with application of the UN Convention on International Sale of Goods (CISG) have been analyzed. In majority of the cases the CISG has been applied, and its application has been correct. In addition, due attention has been paid to certain critical points of departure which usually result in non-application or incorrect application of the CISG. The case law analyzed touches upon issues such as sphere of application of the CISG, non-conformity and the notice of non-conformity, contract modification, standards of interpretation, succession of states, fundamental breach, damages and interest rates.
Keywords: CISG, Vienna Convention, Sale of Goods, Arbitration, Application, Interest Rate, Damages, Avoidance, Non-Conformity, Contract Modification, Standards of Interpretation, Succession of States, Place of Business, Choice of Law, Fundamental Breach
JEL Classification: K12, K40
Suggested Citation: Suggested Citation