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Q 78-11 a) Compare Art. 7.4.9(2) UP 2004 and Art. 9:508(1) PECL with the situ-ation under the CISG concerning the applicable interest rate. b) In light of the dispute in drafting Art. 78 CISG, absent an agreement between the parties that the court or tribunal should apply international sets of rules where the CISG is silent, can the court or tribunal resort to Art. 7.4.9(2) UP 2004 or Art. 9:508(1) PECL in order to fill the gap with regard to the applicable interest rate? Q 78-12 In light of the view that domestic provisions dealing with interest should be applicable alongside Art. 78 CISG only to the extent that they are considered ‘procedural’, do you see an incentive for forum shopping here?
DOI link for Q 78-11 a) Compare Art. 7.4.9(2) UP 2004 and Art. 9:508(1) PECL with the situ-ation under the CISG concerning the applicable interest rate. b) In light of the dispute in drafting Art. 78 CISG, absent an agreement between the parties that the court or tribunal should apply international sets of rules where the CISG is silent, can the court or tribunal resort to Art. 7.4.9(2) UP 2004 or Art. 9:508(1) PECL in order to fill the gap with regard to the applicable interest rate? Q 78-12 In light of the view that domestic provisions dealing with interest should be applicable alongside Art. 78 CISG only to the extent that they are considered ‘procedural’, do you see an incentive for forum shopping here?
Q 78-11 a) Compare Art. 7.4.9(2) UP 2004 and Art. 9:508(1) PECL with the situ-ation under the CISG concerning the applicable interest rate. b) In light of the dispute in drafting Art. 78 CISG, absent an agreement between the parties that the court or tribunal should apply international sets of rules where the CISG is silent, can the court or tribunal resort to Art. 7.4.9(2) UP 2004 or Art. 9:508(1) PECL in order to fill the gap with regard to the applicable interest rate? Q 78-12 In light of the view that domestic provisions dealing with interest should be applicable alongside Art. 78 CISG only to the extent that they are considered ‘procedural’, do you see an incentive for forum shopping here?
ABSTRACT
Q 78-12 In light of the view that domestic provisions dealing with interest should be applicable alongside Art. 78 CISG only to the extent that they are considered ‘procedural’, do you see an incentive for forum shopping here?
