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]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: 2:06-cv-01516
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: United States (plaintiff)
BUYER'S COUNTRY: Iraq (defendant)
GOODS INVOLVED: Rice
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:
Classification of issues using UNCITRAL classification code numbers:
4B1 [Scope of Convention (issues excluded): validity under domestic law]
Descriptors:
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
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Institute of International Commercial Law - Last updated November 17, 2009