United States 18 June 2004 Court of International Trade (Valkia Limited v. United States et al.)
[Cite as: http://cisgw3.law.pace.edu/cases/040618u1.html]
DATE OF DECISION:
JURISDICTION:
TRIBUNAL:
JUDGE(S):
CASE NUMBER/DOCKET NUMBER: 02-00249, SLIP OP, 04-71
CASE NAME:
CASE HISTORY: Unavailable
SELLER'S COUNTRY: [-]
BUYER'S COUNTRY: [-]
GOODS INVOLVED: [-]
APPLICATION OF CISG: No. Proceeding under antidumping duty laws with the following dicta reference to the CISG in footnote 7. "It would also appear to be a universally accepted proposition among nations with respect for property rights that it is incumbent upon the seller to convey good, clean, unencumbered title, unless the parties otherwise agree that title may be conveyed bearing contingencies. See, e.g., Uniform Commercial Code § 2-312 (warranty of title); 1980 United Nations Convention on Contracts for the International Sale of Goods, U.N. Doc. No. A/CONF. 97/19 (1981), Art. 41 (seller's obligation to deliver free and clear of claims unless otherwise agreed)."
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): 2004 WL 1375747 (CIT)
Translation: Unavailable
CITATIONS TO COMMENTS ON DECISION
Unavailable
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Institute of International Commercial Law - Last updated June 25, 2004