The parties entered into a manufacturing contract, plus a tooling agreement relating thereto. Claimant alleges breach of contract by Respondent, referring to misleading conduct in negotiations, failure to meet technical specifications, misuse of toolings and non-registration of patent. Respondent objects and files a counterclaim to cover balance of tooling costs, unused packaging and materials, warehouse costs, settlement payment for termination of licensing agreement, additional machinery costs, outstanding invoices and lost profits. The sole Arbitrator applies French law and the Vienna Convention on Contracts for the International Sale of Goods (CISG), in accordance with the agreement reached by the parties in the arbitration clause. He rejects Claimant's demands and grants Respondent's counterclaims. In awarding interest, he refers to Article 7.4.9(2) of the <b>Unidroit Principles</b> relating to the rate of interest. Arbitration costs and Respondent's legal costs are to be borne by Claimant.

<i>With respect to interest claimed by the parties:</i>

'Claimant claims interest at the French statutory rate from . . .

Respondent claims interest at 10.5% on . . . since . . .

Claimant is entitled to interest on the sums awarded pursuant to Art. 78 of the Vienna Convention. Art. 78 Vienna Convention does not specify a particular interest rate. The sole Arbitrator considers it appropriate to apply a commercially reasonable interest rate (see Art. 7.4.9. subs. 2 Unidroit Principles). The interest rate claimed is commercially reasonable for the award currency, Austrian schillings.

On . . ., the date from which Respondent claims interest, the Agreement had been terminated. The sums claimed were due in the sense of Art. 78 Vienna Convention.

Accordingly, interest is awarded to Respondent as claimed.'