Data
- Date:
- 23-12-2018
- Country:
- Egypt
- Number:
- --
- Court:
- Supreme Court
- Parties:
- Serob Importation Co. v. International Food Industry Co.
Keywords
APPLICATION OF CISG - PARTIES WITH THEIR PLACES OF BUSINESS IN CONTRACTING STATES
Abstract
[Abstract prepared by Mira Ghazzoul, student at University La Sapienza of Rome]
A U.S. buyer with its place of business in New York entered into contract with an Egyptian seller for the purchase of dried tomatoes and olives.
The contract was finalized and signed digitally, and a dispute arose when the dried tomatoes arrived at the destination of the buyer and was clear to him that they did not conform to the specifications agreed to in the contract.
The buyer presented a case in front of the court of first instance asking for the restitution of the goods at the seller’s expense, plus damages.
The first instance Court ruled in favor of the buyer but on appeal the court reversed the decision, stating that the matter was to be litigated before a special financial court in Egypt since it regarded a dispute stemming from a digital contract.
Subsequently, the buyer challenged the decision before the Supreme Court of Egypt, claiming for the application of the CISG to the matter at stake.
The Supreme Court confirmed that the special financial court had jurisdiction over the case; yet, the Court recalled that this fact had no effect on the possibility for that Court to apply the Convention to solve the dispute.
Fulltext
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Source
Original in Arabic:
- available at www.cisg-online.org}}