quot;14. This Sales Agreement shall be governed by the law of Mediterraneo, including the United Nations Convention on Contracts for the International Sale of Goods (1980) (CISG).

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FINAL TASK Pt. 1

You have to prepare the argumentation on the issue, using the CRAC Structure.

The factual circumstances of the case are listed below:

CLAIMANT is a small entity performing in the area of production of cupcakes in Mediterraneo. RESPONDENT is a world-renowned producer of the baking forms, residing in Equatoriana. The Parties have concluded a sales agreement with the following content:

"14. This Sales Agreement shall be governed by the law of Mediterraneo, including the United Nations Convention on Contracts for the International Sale of Goods (1980) (CISG).

15. Any dispute arising out of this contract, including the existence, validity, interpretation, performance, breach or termination thereof shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.

The seat of arbitration shall be Danubia.

The number of arbitrators shall be three.

The arbitration proceedings shall be conducted in English."

As you can see, the Parties have missed to include the law, governing the arbitration clause. However, the first draft prepared by CLAIMANT contained a reference to the law of Mediterraneo as the law applicable to the arbitration clause. During the process of negotiations RESPONDENT have refused to include the law of Mediterraneo as an applicable law and proposed to submit the arbitration clause to the law of Equatoriana.

Nevertheless, due to the mistake made by the Parties, the final version of the arbitration clause does not contain any references to the applicable law.

The final question is: what law should govern the arbitration clause in the absence of agreement of the Parties?

You should choose your position regarding the law, applicable to the arbitration clause:

– law of Mediterraneo as the law of the main contract (CISG);

– law of Equatoriana as the law of the place of enforcement of the award (UNCITRAL Model Law);

– law of Danubia as lex arbitri (UNCITRAL Model Law + New York Convention 1958).

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