Binh Duong Province People Court (Vietnam) renders decision applying the CISG
On 16 March 2022, the People's Court of Binh Dung Province in Company W [...] v. S [...] Production and Trading Co., Ltd. rendered one of the yet few decisions by a Vietnamese court applying the CISG. The decision's full text has been translated into English by Vy Ngo Nguyen Thao & Hy Nguyen Hoang Thai, who are both Lecturers from the International Trade Law Department at the Faculty of International Law in Ho Chi Minh City (Vietnam). We are very grateful for their translation that can now be accessed via the case presentation about CISG-online no. 6248 (see below).
The dispute arose out of an international contract for the sale and purchase of pesticides concluded between a Chinese seller and Vietnamese buyer. The buyer did not pay the goods in time, whereupon the seller - after unsuccessful negotiations - initiated legal proceedings demanding for the payment of the full purchase price as well as the payment of interest. The Court essentially granted the seller's claims by relying on Arts. 53 and 54 CISG. In addition, it ordered the buyer to pay interest in accordance with Art. 78 CISG and Art. 306 of the Vietnamese Commercial Code of 2005.
Tòa án Nhân dân Tỉnh Bình Dương (Binh Duong Province People Court)
Vietnam, 16 March 2022 – 02/2022/KDTM-ST, CISG-online 6248