해외판례. China International Economic and Trade Arbitration Commission, 30 November 1998, translated at <xxxx://xxxxx0.xxx.xxxx.xxx/xxxxx/000000x0.xxxx>. Oberster Gerichtshof (Austria), 29 June 1999, Unilex, translated at <xxxx://xxxxx0.xxx.xxxx. edu/cases/990629a3.html.>. Serbian Chamber of Commerce, 15 July 2007, CISG-online 1795. Tribunal of International Commercial Arbitration at the ffiussian Federation Chamber of Commerce and Industry, No 99/2002, 16 April 2003, translated at <xxxx://xxxxx0.xxx.xxxx.xxx/xxxxx/000000x0.xxxx>. TThe Effects of Avoidance of tThe Contracts under CISG The avoidance of contract under CISG transforms the original contractual relationship into a winding-up or restitutionary relationship. When the contract is avoided, both parties are released from their primary performance obligations, while provisions in the contract that govern the rights and obligations of the parties after avoidance survive the avoidance. Under the winding-up relationship, the buyer has to return to the seller the very goods supplied by the seller; the seller has to return the price to the buyer in the currency of payment, whether this is different from the currency of account or not. If both parties are bound to make restitution, it has to be done concurrently. If only one party has performed, then restitution takes place unilaterally. These retitutionary obligations on avoidance are contractual and are not based on the unjust enrichment rules of any applicable domestic law.
