Common Contracts
2 similar null contracts
APPLICABLE LAW TO THE ARBITRATION AGREEMENT IN GENERAL CONDITIONS OF SALE AVAILABLESeptember 20th, 2020
The Supreme Court of the Federation of Bosnia and Herzegovina had to determine the applicable law to the arbitration clause contained in general conditions of sale on seller’s website. The sales agreement was concluded orally and the reference to the website with gen- eral conditions of sale was made on a pro forma invoice paid by the buyer. The arbitration clause provided for ICC Rules and seat of arbitration in Amsterdam, while French law was chosen to apply to the contract. The buyer, a domestic company from Bosnia and Herzego- vina, filed for damages before domestic courts, claiming that the arbitration clause was not consented to, nor was it concluded in written. The Supreme Court of the Federation of Bos- nia and Herzegovina issued in the “chicken breed” case in 2019 a pro-arbitration judgment with reference to the New York Convention of 1958 and European Convention on Interna- tional Commercial Arbitration of 1961. It is a landmark decision on one of the most difficult questions
APPLICABLE LAW TO THE ARBITRATION AGREEMENT IN GENERAL CONDITIONS OF SALE AVAILABLEJune 19th, 2020
The Supreme Court of the Federation of Bosnia and Herzegovina had to determine the applicable law to the arbitration clause contained in general conditions of sale on seller’s website. The sales agreement was concluded orally and the reference to the website with gen- eral conditions of sale was made on a pro forma invoice paid by the buyer. The arbitration clause provided for ICC Rules and seat of arbitration in Amsterdam, while French law was chosen to apply to the contract. The buyer, a domestic company from Bosnia and Herzego- vina, filed for damages before domestic courts, claiming that the arbitration clause was not consented to, nor was it concluded in written. The Supreme Court of the Federation of Bos- nia and Herzegovina issued in the “chicken breed” case in 2019 a pro-arbitration judgment with reference to the New York Convention of 1958 and European Convention on Interna- tional Commercial Arbitration of 1961. It is a landmark decision on one of the most digcult questions o
