CLOUT abstract 266.

CLOUT
index.

Case 266: MAL 4

Hungary: Arbitration Court attached to the Hungarian Chamber of Commerce and Industry

Arbitral award in case No. Vb/97142 of 25 May 1999

Original in Hungarian

Unpublished

A dispute arose between an Austrian buyer and a Hungarian seller over a contract for the purchase and sale of sour cherries.

Although the contract did not contain a valid arbitration clause, the tribunal found that it had jurisdiction to hear the matter. This was because the seller had submitted its claim to the tribunal and the buyer, without stating any objection concerning jurisdiction, put forward its defence (article 4 MAL).

(For the decision on the merits under the CISG, see Case 265).
[CISG abstracts from CLOUT are not reproduced in the Arbitration VL.]

From the UNITED NATIONS Document: "General Assembly: Distr. GENERAL: A/CN.9/SER.C/ABSTRACTS/8: of, 21 December 1995. Original : ENGLISH."

UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW
CASE LAW ON UNCITRAL TEXTS (CLOUT)
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