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| Abstract | ||||||||||||||||||
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| A seller from an African country and a US buyer concluded a contract for the sale of a certain amount of apparatuses. The contract contained a choice of law in favour of CISG and of "the law of the African State" (Egypt). A dispute arose between the parties, concerning the lack of conformity of the goods and the extension of the bank guarantee of each unit released by the seller.
Without referring to CISG, the sole arbitrator rejected the allegations made by the buyer regarding the lack of conformity of the goods. On the other hand, making express reference to Art. 45 CISG, the arbitrator held that the seller had breached its contractual duties by refusing to extend the bank guarantee in favour of the buyer. Therefore the arbitrator awarded damages to the buyer, according both to the applicable domestic law and CISG (Art. 74). |