United States 8 August 2007 Federal District Court [Michigan] (Easom Automation, Inc. v. Thyssenkrupp Fabco, Corp.)
[Cite as: http://cisgw3.law.pace.edu/cases/070808u1.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: 06-14553
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: United States (plaintiff)
BUYER'S COUNTRY: Canada (defendant)
GOODS INVOLVED: Machine (Sport bar assembly system)
APPLICATION OF CISG: Dismissal of motion to dismiss on grounds of forum non convenience in which plaintiff seller alleges that the CISG applies based on Article 1(1)(a). No CISG issues are discussed as the court states that "even if Ontario law is found to apply ... 'it is not uncommon for U.S. courts to hear cases in which foreign law is applied'."
APPLICABLE CISG PROVISIONS AND ISSUES
Key CISG provisions at issue:
Classification of issues using UNCITRAL classification code numbers:
Descriptors:
CITATIONS TO ABSTRACTS OF DECISION
(a) UNCITRAL abstract: Unavailable
(b) Other abstracts
Unavailable
CITATIONS TO TEXT OF DECISION
Original language (English): 2007 WL 2225863 (E.D.Mich.)
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
Unavailable
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Institute of International Commercial Law - Last updated August 17, 2007