Case number: 26
Article number: sales convention / 1(1)(a); 53; 57(1); 78
Thessaurs issue:
Country of decision: France
Year of decision: 1992
Type of decision: Judicial decision

Case 26: CISG 1(1)(a); 53; 57(1); 78 Excerpts published in French: Journal de Droit International, 4, 1992, 1006
Commented on by Hascher in Journal de Droit International, 4, 1992, 1007

(Abstract prepared by Picard S. of the ICC International Court of Arbitration)

In the absence of an agreement of the parties on the law applicable, the arbitral tribunal found that CISG is applicable to the
contract for the provision and installation of materials destined for the construction of a hotel.

CISG entered into force in Yugoslavia and Austria, the countries of the buyer and the seller respectively, before the conclusion
of the contract. In addition, the contract falls within the scope of application of CISG, since it is clear from the text of the
contract that the provision of services is secondary to the sale.

Consequently, if CISG applies, the buyer in default is obliged to pay the price and the interest for delay in payment. As CISG
does not indicate the applicable interest rate, the arbitral tribunal applied the national law applicable in accordance with the
rules of private international law, that is the law of the place of payment. Since the contract does not specify the place of
payment, the tribunal applied article 57(1) CISG and designated the place of delivery of the goods as the place of payment.