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CISG-online 2849
Jurisdiction USA
Tribunal U.S. District Court for the Southern District of New York
Claimant Cooperativa Agraria Industrial Naranjillo Ltda. (seller)
Respondent Transmar Commodity Group Ltd. (buyer)
Date of decision 21-Sep-2016
Case no./Docket no. 16 Civ. 3356
Seller's country Peru
Buyer's country USA
Goods involved Cocoa Butter (Kakaobutter)
Application of the CISG Unclear
Key CISG provisions cited and discussed
CISG provisions also cited
CISG provisions discussed, but not in fact cited Art. 6; Art. 14; Art. 18; Art. 19
Decision published in
CLOUT no. 0
Pace database (translation generally available)
Other translations
Case history Cocoa Merchants' Association of America arbitration award, February 2016
Present decision (vacating award)

Text of decision Click here
Comments on decision The arbitral award was vacated due to a lack of a valid arbitration agreement, since the general terms which contained an arbitration agreement had not been incorporated into the contract. Whether the court applied the CISG or domestic New York law in deciding on the issue of incorporation remains unclear.

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