34 CISG

Award No 27/2001, 24 January 2002,
CISG-online 887110



[Facts]


[Buyer], a Russian firm, brought the claim against [Seller], a Hungarian firm based on the contract for the international sale of goods made by the parties on 12 October 1999. The claim was brought because the [Buyer], who made a 100% advance payment for the goods to be delivered CIP place of destination in Russia as required by the contract, did not receive the goods. The goods were delayed during the transportation and kept at a customs warehouse at a transit point in Russia. The [Buyer] demanded a refund of the payment for the goods as well as penalties for the delay in delivery. In the [Buyer]’s opinion, his claims are reasonable since the [Seller] failed to make a delivery to the place of destination stated in the contract. The [Seller] contested the [Buyer]’s claim. The [Seller] argued that he duly fulfilled all the obligations under the contract.


[Judgment]


[…]


3.3 The dispute

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