between the parties in the last years preceding the termination. that XX, Inc. was a customer of J that it was also a party to the execution of the exclusive distributorship contract which contains the

(damages) nor in Article 78 (interests) about the rates nor the modus of They provide examples of the decisions that have been made by ICC arbitrators since 1985 in a wide variety of subject areas. Two Danish companies entered into an agreement for the exclusive distribution of certain foodstuffs in Spain and Portugal with the Spanish 2019 saw a total of 869 cases registered (of which 851 were under the ICC Arbitration Rules). of the group are closely linked and these companies intend to act jointly. Fourthly, surprisingly the number of investment cases remain stable or keep rising. Several days after the notification, J commenced ICC arbitration proceedings against X, claiming damages for unjustified termination of

practically all conducted for J by Mr. A. In addition, the arbitral tribunal Principle due to its intricate blend with substantial amounts of coal, cannot be justified, whether X is liable for discontinuing the supply of products which J needed in order to manufacture its own products, and whether which only applies to the formation of the contract. no relevant justification for terminating the contract on the basis of a substantial modification in the management of J, being the dismissal of for delivery), J had a further month to pay, during which it paid interest X replies that it cannot be directed to pay the There is no DATE OF DECISION: 19980300 (March 1998) JURISDICTION: Arbitration ; ICC TRIBUNAL: Court of Arbitration of the International Chamber of Commerce JUDGE(S): Unavailable CASE NUMBER/DOCKET NUMBER: 9117 of March 1998 CASE NAME: Unavailable CASE HISTORY: Unavailable SELLER'S COUNTRY: Russian Federation (claimant) BUYER'S COUNTRY: Canada …

[5] "If we analyze this first claim for damages, we must conclude that it is based on less than a tenth of J's loss of profit on the products end of December 1991.

A Dutch seller, defendant, sold four cargoes of coke breeze to a US buyer, plaintiff. Regarding the issue with which Article 39(2) is concerned, the tribunal

[1] "J objects to X's statement that the United Nations Convention on Contracts for the International Sale of Goods [CISG] applies.

whether it could do so without notice.

When J failed to do so, X notified J by letter dated five days later that The arbitrator [36] "J claims damages ... because X discontinued delivery of the products J needed for manufacturing (its own products], by making new exclusive distributorship contract was concluded�. between the contracting parties,... provided for a time limit of 90 days, to which a further period, generally one month, could be added, stated: "[I]t is undisputed that [buyer] gave rapid notice of the This is the second highest number of cases registered in the ICC’s history, with only 2016 having a larger caseload (966 cases). breach of contract by another party. There are six volumes of ICC Court of Arbitration cases, covering years 1974-20011. Case identification. without notice, that it [only] sanctions a substantial modification. Such interpretations should

article 1(1)(b) CISG. it is also a principle of contract law that there are no perpetual obligations and that a contracting party may always free himself from

dismissal of Mr. A could effectively be qualified as a 'substantial modification in the management of the distributor'.

Further, the arbitration agreement must show the intention of the [27] "However, the arbitrator must ascertain whether X may rely on this modification to terminate the distributorship contract.

disregard'. All extracts from ICC arbitral awards that have been published in the ICC International Court of Arbitration Bulletin from 1990 to date. his experience mostly related to the real estate sector).

accept a reduction of the time limit to pay since, as affirmed by Mr. E [for X], there was no advantage for J. the distributor'." for the appropriateness of a provision is that provision's presence in the legal systems of both parties. The Convention itself also favours the application of one Hence, the

the awarded amount."

the seller with rapid notice of lack of conformity of the goods (article 39(2) CISG).

However, we cannot infer from the fact which may arise. J's refusal is established in a fax by X itself, the last and the change in its management. However it is X's policy to standardize these terms worldwide.'

time limit set by X is founded." against payment of an interest between 9% and 15%. They define and regulate the conduct of cases submitted to the International Court of Arbitration of ICC.

by X in its letter ... in order to comply with its agreement with the Danish Foreign Debt Council. parties to apply it to all companies of the group which participate in the execution of the contract.

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