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CISG-online number
6630
Case name
Chemical product case II
Arbitral Tribunal
Arbitration Institute of the Stockholm Chamber of Commerce (SCC)
Seat of the arbitration
Stockholm (Sweden)
Date of decision
2022
Case nr./docket nr.
[2020/n] (Final award)
Claimants 2
Place of business
Unspecified
Role in transaction
Buyer
Place of business
Unspecified
Role in transaction
Buyer
Respondent 1
Place of business
Unspecified
Role in transaction
Seller
Seller 1
Place of business
Unspecified
Buyers 2
Place of business
Unspecified
Place of business
Unspecified
Category of goods
59: Chemical materials and products, not elsewhere specified
Goods as per contract
Chemical product
CISG applicable
yes, due to parties' express choice of the CISG in their contract
CISG applied
yes
Key CISG provisions interpreted and applied
Art. 74; Art. 78
Key CISG provisions applied
Art. 30; Art. 54; Art. 73(2)
CISG provisions also cited
Art. 25; Art. 26; Art. 45(1)(b); Art. 46–52; Art. 49; Art. 53; Art. 64; Art. 71–73; Art. 74–77; Art. 77; Art. 80; Art. 81
Non-provision-specific issues addressed
Contractual penalty (fixed sums) clause; Joint and several liability; Long-term agreement; Remedies under domestic law for reprehensible conduct (fraud etc.); Uncertainty about party to the sales contract
Decision published in 1
Stephan W. Schill (ed.), ICCA Award Series, Vol. I, Kluwer Law International (2023), at 1–64 [Full text – in English]