Go to Database Directory || Go to CISG Table of Contents || Go to Case Search Form || Go to Bibliography
Search the entire CISG Database (case data + other data)

CISG CASE PRESENTATION

United States 26 October 2009 Federal District Court [California] (Rice Corporation v. Grain Board of Iraq et al.)
[Cite as: http://cisgw3.law.pace.edu/cases/091026u1.html]

Primary source(s) of information for case presentation: Case text

Case Table of Contents


Case identification

DATE OF DECISION: 20091026 (26 October 2009)

JURISDICTION: United States

TRIBUNAL: U.S. District Court, Eastern District of California [federal court of 1st instance]

JUDGE(S): Garland E. Burrell, Jr.

CASE NUMBER/DOCKET NUMBER: 2:06-cv-01516

CASE NAME: The Rice Corporation v. Grain Board of Iraq and Iraqi Ministry of Trade

CASE HISTORY: Unavailable

SELLER'S COUNTRY: United States (plaintiff)

BUYER'S COUNTRY: Iraq (defendant)

GOODS INVOLVED: Rice


Classification of issues present

APPLICATION OF CISG: The contract provided for dispute resolution in Iraq. Plaintiff moved for a change of venue which was denied. The sole reference to the CISG in the court's opinion is: "Plaintiff alleges in its Complaint that the forum selection clause is unreasonable because witnesses will be unwilling to travel to Iraq, the Iraqi judiciary is flawed, and the 2005 Country Report on Human Rights Practices deems Iraq an unfit venue to litigate this matter, which would ultimately deny Plaintiff 'its meaningful day in court' ... Plaintiff also alleges the contract is 'subject to the terms of the United Nations Convention on Contracts for the International Sale of Goods' ('UNCCISG'). ... The allegation that the UNCCISG is controlling is incorrect. The UNCCISG concerns the formation of contracts and does not explicitly address 'the validity of the contract or any of its provisions of any usage.' United Nations Convention on Contracts for the International Sale of Goods, Article 4(a) ..."

APPLICABLE CISG PROVISIONS AND ISSUES

Key CISG provisions at issue: Article 4

Classification of issues using UNCITRAL classification code numbers:

4B1 [Scope of Convention (issues excluded): validity under domestic law]

Descriptors: Scope of Convention ; Validity

Go to Case Table of Contents

Editorial remarks

Go to Case Table of Contents

Citations to case abstracts, texts, and commentaries

CITATIONS TO ABSTRACTS OF DECISION

(a) UNCITRAL abstract: Unavailable

(b) Other abstracts

Unavailable

CITATIONS TO TEXT OF DECISION

Original language (English): 2009 U.S. Dist. LEXIS 104580

Translation: Unavailable

CITATIONS TO COMMENTS ON DECISION

Unavailable

Go to Case Table of Contents
Pace Law School Institute of International Commercial Law - Last updated November 17, 2009
Comments/Contributions
Go to Database Directory || Go to CISG Table of Contents || Go to Case Search Form || Go to Bibliography