• Title/Summary/Keyword: The System of Recovering Differential Price

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The Application of CISG to International Commercial Arbitration (聯合國國際貨物銷售合同公約在國際商事仲裁中的适用(국제물품매매계약에 관한 유엔협약이 국제상사중재에서의 적용))

  • Li, Wei
    • Journal of Arbitration Studies
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    • v.26 no.1
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    • pp.107-134
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    • 2016
  • International arbitration is the important field of applying CISG and the backbone of uniform law developed by CISG. Now CIETAC tribunals like courts of contracting states apply CISG precisely, which is beneficial to improving the quality and the credit of arbitral cases. Arbitration has the characters of independence and the non-government. the legal foundation of arbitral tribunal's applying CISG are the national arbitral law, the applicable arbitral procedures and usages of arbitration, not for performing international obligations under the CISG. CIETAC mainly use China Contract Law and CISG over the cases of sale of goods. Because of no provisions on recovery of differential price loss (equal to article 75 and 76 of CISG) Chinese tribunals have more discretion in determining the sum of damages under the China Contract Law. Applying China Contract Law may not beneficial to aggrieved party.