Case number: 174
Article number: sales convention / 1(a)(b)
Thessaurs issue:
Country of decision: Hungary
Year of decision: 1997
Type of decision: Arbitral award

Case 174: CISG 1(a)(b)

Hungary: Arbitration Court attached to the Hungarian Chamber of Commerce and Industry
Arbitral award in case No. Vb/96038 of 8 May 1997
Original in Hungarian
Unpublished



The Hungarian claimant and the Italian respondent agreed that Hungarian law would govern their contract. The contract contained the elements of both a sales and an agency agreement. At the time of concluding the contract, the CISG was already applicable in both Italy and Hungary. Therefore, one of the parties argued that the CISG would be applicable to their contract even without any choice of law clause and that by "Hungarian law" their contract was referring to the Hungarian Civil Code.



The arbitral court applied the CISG to the elements of sale (article 1(a)) and the Hungarian Civil Code to the agency elements (article 1(b)).