China 7 January 2000 CIETAC Arbitration proceeding (Cysteine case) [Cite as: http:/cisgw3.law.pace.edu/cases/00107cl.html]

[Case available at http://cisgw3.law.pace.edu/cases/00107cl.html].

Arbitration Award in Cysteine case (7 January 2000)

Both parties‘ interpretations of Clause 5 of the Contract make sense to a certain extent. The Tribunal cannot locate a guide from the CISG - which both parties agreed to have as the governing law - to solve the problem. However, the Tribunal notes that Clause 5 is from the standard contract drafted by the [Seller]. According to the basic principle of contract interprettation - contra proferentem - if contract terms supplied by one party are unclear, an interpretation against that party shall be adopted.

Referring Principles
Trans-Lex Principle: IV.5.4 - Interpretation against the party that supplied the term
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