ERDEM-NEWSLETTER-2018-metin

240 NEWSLETTER 2018 Preponderant Part Often times, the parties of a contract of sale agree that the seller is to perform certain services related to the sold goods, such as packag- ing and delivery of the goods, under the same contract governing the sales of the goods. In such cases, in order to determine whether the CISG applies to a mixed contract, it must be considered which obliga- tion constitutes the preponderant part of the entire obligations of the party providing the goods 11 . The determination of the preponderant part of the seller’s obli- gations has been the subject of cases before local courts and arbitral tribunals 12 . According to these examinations, it has been concluded that if the preponderant part of the seller’s obligation under a contract is the sale of the goods, and the other obligations can be qualified as ancillary obligations under the contract of sale, then the said contract would be subjected to the CISG 13 . As stated by the CISG Advisory Committee, the “preponderant part” of the obligation must be interpreted considering the entire con- tent of the contract, the purpose and essence of the contract, the weight given by the parties to different obligations under the contract, and the economic value given to different obligations 14 . 11 Schlechtriem/Witz , p. 30 – 31; Heuze , Vincent: La vente international de marc- handises –Droit uniforme, Paris 2000, p. 77. 12 Arbitration Russian Federation, 16.12.2009, VAS-13520/09, http://cisgw3.law. pace.edu/cases/091216r1.html ; Handelsgericht Zürich, 26.04.1995, HG920670, http:// cisgw3.law.pace.edu/cases/950426s1.html; 17.02.2000, HG980472, http:// cisgw3.law.pace.edu/cases/000217s1.html (Access date: 28.12.2018); Peter, Hu - ber; Mullis, Alastair : The CISG, a new textbook for students and practitioners, 2007, p. 45. 13 Arbitration Russian Federation, 16.12.2009, VAS- 13520/09, http://cisgw3.law . pace.edu/cases/091216r1.html , (Access date: 05.05.2017). 14 CISG Advisory Council Opinion No.4: Contracts for the Sale of Goods to be Manufactured or Produced and Mixed Contracts (Article 3 CISG), 17 Pace Int’l L. Rev. 79 (2005), http: // digitalcommons.pace.edu/pilr/vol17/iss1/4 , (Access date: 15.12.2018).