Termination of the International Sales Contract from the Point of View of International Courts and Arbitral Tribunals
DOI:
https://doi.org/10.35246/jols.v38i1.601Keywords:
International Sales Contract, A Fundamental Breach, Termination Of Contract, Agreement, CloutAbstract
The termination of the international sales contract is one of the solutions that the parties and the law resort to resolve some fundamental violations that occur in the contract for any reason, but determining the fundamental reason that leads to the termination of the contract is the most extreme type of treatment of the fundamental violation that has been interpreted differently by international experts, whether courts international bodies or international arbitration committees. And in relation to the difficulty of determining the fundamental violation that leads to the termination of the contract and the exceptions contained in cases that are considered a fundamental violation and that are not considered a fundamental violation, the research follows the cases that are considered a fundamental violation and that are not considered a violation of the contract from the point of view of international courts and arbitral tribunals. The research concluded that there is no fundamental violation of the contract except that it has an exception from another point of view that is not considered a fundamental violation, and this does not lead to the instability of the rulings reached by international courts and arbitral tribunals.
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References
-Legal Books
i. al-Khatib, Muhammad Muhammad, 1982, Obligations of the Buyer in International Sale, A Comparative Study of the Jurisprudence of Islamic Sharia, Dar Al-Elm for Millions, Beirut, first edition.
ii. Shafiq, Mohsen, 1988, The United Nations Convention on the International Sale of Goods, A Study in International Trade Law, Dar Al-Nahda Al-Arabiya, Cairo.
iii. Mansour, Muhammad Hussein, 2004, International Contracts, Dar Al-Jame' Al-jadeda for Publishing, Alexandria.
iv. Dr. Habib, Tharwat, 1974, Study in International Trade Law with Interest in International Sales, Mansha't Al-Ma'ref, Alexandria.
- International Legislation
i. UNCITRAL Brief on Case Law Based on the United Nations Convention on the International Sale of Goods - Arabic Version 2016
ii. Model Principles of International Commercial Contracts issued by the. International Institute for the Unification of the Rules of Private Law (Unidroa).
-International Courts
A- Swiss Precedents
i-Federal Court - Switzerland 22 December 1997.
ii-The Commercial Court in the Federal Court - Switzerland, December 22, 1997.
iii-Court in the canton of Aargau, Switzerland, September 26, 1997
iv-Federal Court - Switzerland 22 December 1997.
v- Commercial Court in the Canton of Zurich - Switzerland, November 30, 1998.
vi-Schaffhausen Canton Court - Switzerland January 27, 2004
vii-Valais Canton Court - Switzerland 21 February 2005 AD
viii-Federal Court - Switzerland 20 December 2006
ix- Commercial Court in the Canton of Zug - Switzerland, June 25, 2007
x- Federal Court - Switzerland May 18, 2009
xi- Zug Canton Court - Switzerland, December 20, 2009
xii- Federal Court Switzerland 2 April 2015 AD
B- German Precedents
i-The Regional Court of Appeal in Dusseldorf - Germany, February 10, 1989
ii-The Regional Court of Appeal in Frankfurt am Main - Germany September 17, 1991
iii- Berlin District Court - Germany September 30, 1992.
iv-The Regional Court of Appeal in D Federal Court - Germany, February 15, 1995.usseldorf - Germany, January 14, 1994
v-The Regional Court of Appeal in Oldenburg, Germany, February 1, 1995
vi- Federal Court - Germany, March 8, 1995.
vii- The Regional Court of Appeal in Celle, Germany, May 24, 1995.
viii-Federal Court - Germany, April 3, 1996.
ix-The Regional Court of Appeal in Koblenz - Germany 31 January 1997
x- The Regional Court of Appeal in Dusseldorf - Germany, April 24, 1997
xi-Regional Court of Appeal - Munich - Germany November 13, 2002
xii-The Regional Court of Appeal in Dusseldorf - Germany, April 21, 2004
xiii-The Regional Court of Appeal in Koblenz, Germany, December 14, 2006
xiv- The Regional Court of Appeal in Hamburg - Germany, January 25, 2008.
xv- The Regional Court of Appeal in Brandenburg, Germany, November 18, 2008
C- French Precedents
i- Court of Appeal in Grenoble - France 22 February 1995
ii- Court of Appeal in Paris - France 14 June 2001.
iii-Court of Appeal in Rennes - France May 27, 2008
iv- Court of Appeal in Lyon, France, March 27, 2014
v- Court of Appeal in Paris - France, January 25, 2012
vi- Court of Appeal in Nancy - France, November 6, 2013
D- Austrian Precedents:
i- Innsbruck Regional Court of Appeal, Austria, July 1, 1994
ii- Supreme Court - Austria 13 April 2000.
iii-Supreme Court - Austria May 23, 2005
iv- Supreme Court - Austria January 25, 2006 AD.
E- Spanish Precedents:
i-Barcelona District Court, Spain March 24, 2009.
ii-Grenada District Court - Spain, March 2, 2000
iii-Grenada District Court, Spain, 3 September 2000
F- American Precedents:
i-United States Court for the Southern District of New York April 6, 1994
ii-United States Court for the Eastern District of Louisiana - United States May 17, 1999 AD
iii-United States Court for the Northern District of Illinois - United States of America December 7, 1999 AD
iv- Queensland Supreme Court - Australia 17 November 2000
v- Supreme Court of Australia - Australia January 17, 2003 AD
G- Italian Precedent
i- Posto Arsizio District Court - Italy, December 13, 2001.
- Dutch Precedent
i- Hertogenbosch Court - The Netherlands, October 11, 2005
- International Bodies And Arbitration Committees:
International Arbitration Bodies:
i- The Arbitral Tribunal of the International Chamber of Commerce, January 1997.
ii- The Arbitral Tribunal of the Agricultural Products Exchange - Vienna - Austria, December 10, 1997.
iii- International Commercial Arbitration Commission, Russian Federation Chamber of Commerce and Industry, Russian Federation, October 22, 1998.
iiii- Friendly Arbitration Tribunal in Hamburg - Germany 29 December 1998
iv- International Commercial Arbitration Commission of the Russian Federation Chamber of Commerce and Industry - Russian Federation June 7, 1999.
-International arbitration committees
i-International Commercial and Commercial Arbitration Committee 19 December 1935 AD
ii-The Chinese International Economic and Commercial Arbitration Committee, March 29, 1996.
iii-China International Economic and Commercial Arbitration Commission, People's Republic of China, June 4, 1999
iv-The Chinese Committee for International Economic and Commercial Arbitration - China - May 10, 2005
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