CISG.info 218 —
текст решения

The ICAC at the UCCI composed of three arbitrators (hereinafter referred to as the “Arbitral Tribunal”) held a hearing in the case under claim of the Ukrainian LLC against the Chinese company for the recovery of USD 3,928.40.

The legal basis for the resolution of the dispute at the ICAC at the UCCI is the arbitration clause contained in paragraph 9 of the Contract dated 28 December 2015.

The parties failed to specify the law applicable to the Contract.

Taking into consideration that the agreement between the Claimant and the Respondent is an international sale and purchase agreement and the places of business of the Claimant and the Respondent are in different States (Ukraine and China respectively) which are Contracting States, it shall be governed by the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 11 April 1980) (hereinafter referred to as the “CISG”), as it is set out in Article 1 (1) (a) of the CISG. Indeed, Ukraine ratified the CISG on 1 February 1991 and China — on 11 December 1986.

The Ukrainian LLC, the Claimant, filed the Statement of Claim with the ICAC at the UCCI for recovery of the amount of USD 3,928.40 from the Chinese company, the Respondent.