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Abstract Article (1998) 2 VJ 1, 3-35
Interest on Damages and Rate of Interest under Article 78 of the UN Convention
on Contracts for the International Sale of Goods
Christian Thiele*
Article 78 grants the right to interest on the purchase price or "any other sum that
is in arrears." It is questionable whether this language also extends to claims
for damages.
Case law on this issue is very rare. Most published decisions in which interest
has been sought seem to deal with actions for the purchase price. Legal scholars,
on the other hand, seem to agree that one has a right to interest on damage claims
under Article 78 if the amount in question has been liquidated vis-à-vis the
other party. Whether this right to interest also applies to unliquidated sums
is controversial.
The pertinent question, thus, does not appear to be if Article 78 applies to damages
at all, but rather when damages can be considered as being "in arrears" under
Article 78.
* LL.M. (Univ. of San Diego)
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