Case Law on UNCITRAL Texts: Clout

The United Nations Commission on International Trade Law (hereinafter "UNCITRAL" or the "Commission") has established various conventions and model laws under which an increasing number of cases have been rendered in the Contracting States.

The UNCITRAL Secretariat has devised a system, CLOUT (Case Law on UNCITRAL Texts), for collecting and disseminating information on court decisions and arbitral awards relating to the Conventions and Model Laws that have emanated from the work of the Commission.

The purpose of the CLOUT system is to promote international awareness of the legal texts formulated by the Commission and to facilitate uniform interpretation and application of those texts.

CLOUT cases with Republic of Korea or Korean businesses involved can be found as listed below. Recently Korean cases are recognized as high profile one as Korea is supposed to take the global lead in the area of e-commerce and insolvency law.

Key words
UNCITRAL, Sales Convention (CISG), Hamburg Rules, cross-border insolvency

Cases relating to the UN Convention on the Carriage of Goods by Sea (Hamburg Rules)

 * 1. Case 745: Hamburg Rules 5 (2)

Korea: Seoul District Court Decision 2002 GaDan 121261

Song Dong Geun v Geumchun Maritime Shipping decided 28 August 2002

Key word: delay in delivery

Cases relating to the UNCITRAL Model Law on Cross-Border Insolvency (MLCBI)

 * 2. Case 1000: MLCBI 17; 19

Korea: Seoul High Court Decision 2008 Ra 1524 [Declaration of Bankruptcy]; 2008 HaHap 20
 * The original verdict by Seoul Central District Court Decision 2008 HaHap 20 delivered on 28 August 2008

Key word: recognition


 * 3. Case 1001: MLCBI 6; 17; 20

Korea: Seoul Central District Court Decision 2007 GOOKSEUNG 1 decided 18 October 2007

Key word: foreign main proceeding


 * 4. Case 1002: MLCBI 15; 17(1); 2(a)

Korea: Seoul Central District Court Decision 2006 GOOKSEUNG 1 decided 22 January 2007

Key words: foreign proceeding, foreign representative