A Canadian manufacturer entered into an agreement with a U.S. buyer for the supply of a chemical ingredient (clathrate) to be used in the production of an anticoagulant medication. The U.S. asked the Food and Drug Administration (FDA) for the approval of the medication; meanwhile, the Canadian manufacturer executed an exclusive supplier agreement with a third company. A dispute arose when the manufacturer refused to supply the chemical ingredient to the U.S. buyer. The Court granted the buyer's claims in part (see Abstract and Full Text in UNILEX, U.S. District Court, 10-5-2002, D.2002-7). The Canadian manufacturer asked for a reconsideration of the decision.
In reconsidering the merits of the dispute, the Court stated that the offer in question had been correctly deemed definite under Art. 14 CISG. In fact, not only were the goods involved clearly identified, but also the indication of a "commercial amount" was an appropriate criterion for determining the quantity and price, taking into account the industry usages automatically incorporated into the agreement. |