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CISG-online number
1611
Case name
Panda S.r.l. v. Shunde Westband Furniture Co., Ltd.
Jurisdiction
China
Court
中华人民共和国最高人民法院 (Supreme Court of the People's Republic of China)
Judges
Xiaolong Lu (Presiding Judge), Xiaoli Gao (Acting Judge), Xuefeng Ren (Acting Judge)
Date of decision
21 September 2005
Case nr./docket nr.
(2004) Min Si Ti Zi Di No. 4
Claimant 1
Respondent 1
Case History
Seller 1
Buyer 1
Category of goods
82: Furniture and parts thereof; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings
Goods as per contract
Furniture (origin: Italy)
Price
105'326.00 USD (U.S. Dollar)
CISG applicable
yes, Art. 1(1)(a)
CISG applied
no, because the Supreme Court held that the disputed deliveries had been deliveries of samples for exhibition in China in accordance with a framework contract that was not governed by the CISG, but by domestic Chinese law
(Domestic) law applied in addition
Chinese law
Key CISG provisions applied
Art. 1(1) (non-applicability of the CISG to mere framework contracts); Art. 4
CISG provisions also cited
Art. 53; Art. 55; Art. 78
Non-provision-specific issues addressed
Framework agreement
Decision published in 1
Case identifier in the old Albert H. Kritzer Database
050921c1
Comments on this decision 2
Full text and translation of decision 2
