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CISG-online no. 2849
CLOUT no. 0
Jurisdiction USA
Tribunal U.S. District Court, S.D. 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
Provisions also cited
Provisions discussed, but not in fact cite Art. 6; Art. 14; Art. 18; Art. 19
Decision cited in
Pace database (instance translation generally available)
Other translations
Instance history Cocoa Merchants' Association of America arbitration award, February 2016
Present case

Click here for Text of decision
Comment The arbitral award was vacated due to a lack of a valid arbitration agreement, since the general terms which contained an arbitration agreement were not 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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